HomeMy WebLinkAboutMINUTES - 06071994 - H.4 H.4 .
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TO: BOARD OF SUPERVISORS ';— "'=� - Costa
011
FROM: HkRVEY E. BRAGDON x; .� „ '':''h} =';'s County
DIRECTOR OF COMMUNITY DEVELOPMENT
oos- `--
DATE: June 7 , 1994 a coUH
SUBJECT: Hearing on Rezoning Applica-" ion #3003-RZ and companion application
#3007-93 to rezone approximately 10.7 acres of land from Retail
Business (R-B) to Planned Unit Development (P-1) and to develop the
property into 81 lots located in the Oakley area. Application filed
by Hofmann Company (Applicant) and Kenneth & Martha Hofmann (Owners) .
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . Accept the environmental documentation prepared for this
project as being adequate.
2 . Approve Rezoning Application #3003-RZ and Development Plan
#3007-93 as recommended by the East County Regional Planning
Commission as shown on the attached Conditions of Approval
marked Exhibit "A" , except Condition #31 which has been
clarified by the Redevelopment Agency.
Condition #31 (as existing) :
The Redevelopment Agency and developer agree to negotiate a
mutually satisfactory progr..im for the inclusion of 12 moderate
.income units. Any such program shall be in place prior to
recordation of the Final Map.
Condition #31 (as clarified by the Agency) :
Pursuant to Policies 6-1 , 6-6 and 6-9 of the Housing Element
of the General Plan (1990-2005) and Section 33413 of the
California Health and Safety Code (part of, California
Redevelopment Law) , the applicant shall allocate a minimum of
15 percent (12 units) of the approved 81 units in the proposed
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA N O OARD COM_14ITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON June 7, 1994 APPROVED AS RECOMMENDED x OTHER X
SEE ATTACHED ADDENDUM A FOR BOARD ACTION
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_x UNANIMOUS (ABSENT I 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:Aruna Bhat 646-4208 ATTESTED ,June 7, 1994
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Hofmann Company THE BOARD O SUPERVISORS
Kenneth & Martha Hofmann A COUNT DMINISTRAT0R
Mitch Avalon-Public Works
Oakley Fire Protection District BY 0 DEPUTY
AMB:df '
Page Two
development to help meet the County's need for affordable
housing. , The 12 Affordable Units shall be required to be
affordable to and occupied by Moderate Income households. For
the purposes of this condition, the following definition
applies:
Moderate income households are defined as households with
incomes not exceeding 120 percent of the median income
for Contra Costa County, as adjusted for household size.
Based upon the May 1993 income limits for the County, the
current median income for a four-person household is
$52 , 400.
Affordable price is defined as the lesser of market price
for comparable units, or the price determined by taking
into account the Prevailing Interest rate (as defined in
the Developer Sales Agreement) , number of bedrooms and
therefore assumed household size, reasonable down payment
and the definition of Affordable Housing Cost contained
in Section 50052 . 5 of the California Health and Safety
Code.
In addition, the Affordable Units shall be: distributed
throughout the project development (all phases) ; comparable in
quality and design with the market rate units; deed restricted
and required to remain affordable for a minimum of 10 years.
To help ensure the affordability of the units, Mortgage Credit
Certificates shall be reserved by the County for use by
qualified Moderate Income households in acquiring these units.
The applicant shall be required to enter into a Developer
Sales Agreement with the County specifying the affordability
requirements included in this condition at least 90 days prior
to filing the Final Map. The form of the Agreement shall be
approved by the County and recorded in the official records of
the Contra Costa County Recorder's Office. Prior to filing a
Final Map, the developer shall submit a plan for the review
and approval of the Director of Community Development for the
purpose of determining which units shall be made available to
Moderate Income Households. The approved plan shall be
incorporated into the Developer Sales Agreement.
Applicant is agreeable to this proposed clarification.
3 . Adopt the East County Regional Planning Commission's findings
as set forth in Resolution #20-1994 as the determination for
these actions.
4 . Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set forth date for adoption of
same.
FISCAL IMPACT
None.
OAKLEY MUNICIPAL ADVISORY COMMITTEE
OMAC recommended denial of the General Plan Amendment and rezoning
for the property at its meeting on February 16, 1994 and earlier
meetings on June 14 , 1993 and August 26, 1993 but provided the
following comments on the subdivision if the General Plan Amendment
and rezoning application are granted by the Board:
a: The proposed tot lot be installed and constructed by the
developer per plans to mitigate the lack of community space.
The East County Regional Planning Commission eliminated the
tot lot and increased the number of lots to 81.
Page Three
b: The proposed masonry wall and landscaping be installed as per
plans. The East County Regional Planning Commission approved
the masonry wall proposed by the applicant in consultation
with GMAC.
c: OMAC's standard conditions of approval for the Community of
Oakley be incorporated. OMAC's standard conditions of
approval have been incorporated as applicable to this project.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 2 , 1994 , the East County Regional Planning Commission, after
taking testimony, recommended that the Board of Supervisors approve
this project subject to the Conditions of Approval and Findings
attached.
ADDENDUM A
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 a request by Hofmann
Company (applicant) and Kenneth and Martha Hofmann (owners)
(3003-RZ) to rezone land in the Oakley area from Retail Business
(R-B) to Planned Unit District (P-1) along with companion
application (3007-93) for approval of a development plan to
construct up to 81 single family homes on 10 . 7 acres and a public
park in the Oakley area.
Mary Fleming, Community Development Department, presented
the staff report on the proposal, described the proposed site
location, and the Planning Commission recommendation to remove
the park and to eliminate one lot and she advised that the
applicant has provided a revised map that reflects the changes
that were recommended by the Planning Commission. Ms . Fleming
commented on the staff recommendation that the Board certify the
environmental documentation prepared for this project as being
adequate, approve the rezoning application and the development
plan, and the modification on condition #31, and a change to the
portion of that condition that allows 90 days prior to the filing
of the final map to submit information be changed to read 30 days
prior to the filing of final map.
Supervisor Torlakson requested clarification on the
inclusion of the conditions related to the issues of reducing the
density to 80 lots, the tot lot, and the masonry wall that the
Oakley Municipal Advisory Council had requested be included into
the project .
Ms . Fleming responded that the masonry wall was a part of
the plan, that the tot lot was removed by the Planning Commission
in their recommendation, and that there were now 81 lots .
Supervisor Bishop requested clarification on the percentage
of affordable housing in this proposed project and on the timing
of the Area of Benefit fee .
Mitch Avalon, Public Works Department, responded on the Area
of Benefit fees and credit for the area wide improvements by
Hofmann Company, and he commented on the calculation of the fees
and in addition, he advised that they would pay the Delta
Expressway Fee as stated on page 9, Condition G 8 .
Supervisor Bishop asked what this project was contributing
to the Childcare Affordability.
Ms . Fleming advised that there was no determination yet as
to what will be provided in terms of childcare and she commented
on Condition 26 .
The public hearing was opened and the following person
presented testimony:
David Lennon, 1380 Galaxy Way, Concord, spoke in support of
the proposed project, and he commented on issues including the
park, the Area of Benefit fee, and the percentage of affordable
housing.
Jim Kennedy, Redevelopment Agency, commented on the issue of
the percentage of affordable housing in the proposed project and
the California Redevelopment Law requirement .
Supervisor Bishop inquired as to what would be necessary to
make the very low income component a requirement in Contra Costa
County, and she requested clarification on the issue of the term
of deed restriction.
Mr. Kennedy responded that the Board would have the
opportunity before the end of the year to consider adoption of an
inclusionary requirement under the provisions of the California
Redevelopment Reform Act (AB 1290) requiring adoption of an
implementation program, and he advised that for owner occupied
units the term of deed restriction is ten years .
The public hearing was closed.
Supervisor Torlakson commented that this proposed project
was consistent with the General Plan and he moved approval of the
recommendation OMAC made subject to the issue of the pocket park
being reviewed by OMAC.
Mr. Lennon requested that the recommendation include that
the project be for 81 units with or without the park.
Supervisor Torlakson concurred.
Supervisor Smith seconded the motion.
Supervisor Torlakson clarified that the pocket park be
maintained through the establishment of a lighting and
landscaping district .
IT IS BY THE BOARD ORDERED that recommendations 1, 2 with
amended conditions (Exhibit A) , 3 , and 4 are APPROVED; and as in
recommendation 4 , Ordinance No. 94-46 is INTRODUCED, reading
waived, and June 14, 1994 is set for adoption of same .
CONDITIONS OF APPROVAL FOR REZONING 3003-RZ FINAL DEVELOPMENT PLAN 3007-93
AND SUB 7837 AS APPROVED BY THE BOARD OF SUPERVISORS ON JUNE 7, 1994
1 . This request to subdivide 12.1 t acre parcel is approved for 81 lots on 10.7 acres with
1 .4 acres remainder is approved as shown on drawings dated received by the
Community Development Department on March 28, 1994, except for the elimination
of the proposed public park and Lot ##55. The conditions of approval require
compliance prior to the filing of parcel map unless otherwise indicated.
2. This approval is contingent on adoption of Rezoning 3003-RZ and Final Development
Plan 3007-93. 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. Environmental noise analysis for SUB 7837 prepared by Brown-Buntin
Associates, Inc. dated received by the Community Development Department on
July 19, 1993.
B. Archaeological reconnaissance of the project prepared by Michael Smith &
Suzanne Baker dated received by the Community Development Department July
19, 1993.
C. Site plans - elevation drawings, prepared by Walter Eagle & Associates dated
received by the Community Development Department February 2, 1994.
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 subject to proper request and approval.
5. The guide for development 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. Prior to re-
cording the final map, submit a plot plan of proposed houses with type of unit
proposed.
A. Front setbacks shall be a minimum of 20 feet. Setback for covered porches
can be reduced to 14 feet.
B. Minimum sideyard shall be 5 feet with an aggregate sideyard setback of 10'-0".
Sideyards can be reduced to 3 feet on some units subject to the Zoning
Administrator review and approval.
C. Minimum rearyards shall be 15 feet.
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D. Lots that back up to State Highway 4 and Almondtree Lane shall have a
rearyard setback of at least 15 feet, except that Lots #33, #34, and #47 may
be reduced to 10 feet.
6. The design of the unit on Lot #26 shall be subject to review and approval of the
Zoning Administrator prior to issuance of building permits.
7. The units proposed along Highway 4 frontage shall have varied rooflines to minimize
the effect of a solid row of 2-story units along the highway. The design homes shall
be subject to review and approval of the Zoning'Administrator prior to issuance of
building permits.
8. Illuminated house numbers visible from a public or private roadway are required for
each residence.
9. Water supply serving the properties concerned shall be by the Diablo Water District.
Such water distribution, located within the boundaries of the properties concerned in
this application, shall become an integral part of the Diablo Water District's overall
water distribution system. Each individual living unit shall be served by a separate
water connection. Sewage service shall be by the Ironhouse Sanitary District. Each
individual living unit shall be serviced by a separate sewer connection.
10. Prior to the issuance of building permits, the applicant shall submit samples of colors
and exterior materials for review and approval of the Zoning Administrator. The
exterior finish of the residential units shall be of neutral color and the colors shall be
complementary.
11 . Existing fence along the western property line shall be repaired and/or replaced. The
applicant shall contact the neighboring owners to determine if they want the existing
wood fence replaced with a cyclone fence with wood or plastic slats.
12. A phasing program for the development may be submitted for the review and approval
of the Zoning Administrator. Project entry sign (if proposed) shall be subject to the
review and approval of the Zoning Administrator prior to installation.
13. At least 30 days prior to requesting recording of the final map, submit a street tree
planting plan for the entire development, a landscape plan for the landscaping and
soundwall along the site's frontage along Cypress Road, Highway 4 and Almondtree
Lane and a landscaped plan for the park area/tot lot area and typical frontyard areas
of the residences. Street trees shall be at least 15-gallon size. Each lot shall have one
tree except that corner lots shall have at least 3 street trees.
14. Comply with the landscaping requirements as follows. The following report is subject
to the Zoning Administrator's review and approval. Landscaping shall conform to the
County's Water Conservation policies in regards to use of drought-tolerant trees,
bushes and ground covers. The landscape architect for the site shall certify this.
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15. A trail shall be constructed along the north side of the parcel frontage. The trail plan
shall be subject to review and approval by the County Public Works Department.
16. Landscaping along Cypress Road, Almondtree Lane and Highway 4 as well as the
irrigation plan shall be reviewed and approved by the County Public Works Department.
Street landscaping shall be installed prior to occupancy of residences within this
development unless specifically allowed by the Zoning Administrator.
17. All required landscaping shall be installed or bonded prior to occupancy and shall be
maintained by the applicant until occupancy.
18. At least 30 days prior to submittal of building permits for 2-story homes within the 60
dB noise range, submit an acoustical report with a detailed analysis of interior noise
levels.
19. 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.
20. 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
recommendations of the approved report.
21. Covenants, Conditions and Restrictions shall be submitted for review with the Final
Subdivision Map, and shall be subject to review and approval by the Zoning
Administrator. This document shall provide for establishment, ownership and
maintenance of fencing, keeping of pets and establishment of signs.
The Covenants, Conditions and Restrictions (CC & Rs) developed for this project shall
include the following deed restrictions:
A. (Examples) No recreational vehicle, boat, boat trailer or mobilehome shall be
stored on the site overnight if visible to the street. Exterior materials and colors
shall not vary from the palette approved for the original homes.
22. 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 to the adoption of
final Board policy.
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23. Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power
generators, shall be limited to the hours of 7:30 A.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 require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site 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 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 building permits, the 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.
24. 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.
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25. The applicant shall secure a "will serve" letter from the Liberty Union High School
District and the Oakley School District prior to filing the final map.
26. 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
at least 30 days prior to the filing of the Final Map.
27. 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 Planning Agency 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.
28. The following requirements pertaining to drainage, road and utility improvements are
based on the March 28, 1994 Vesting Tentative Map and will require the review and
approval of the Public Works Department. In accordance with Section 92-2.006 of the
County Ordinance Code, this subdivision shall conform to the provisions of the County
Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed
in this conditional approval statement. Conformance with the Ordinance includes the
following requirements:
A. Frontage Improvements:
1) Construct curb, 6-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage, pavement widening and
a half-width median island (including surface treatment, landscaping and
irrigation) along the frontage of State Highway 4 (Main Street). Subject
to the review of the Public Works Department, Engineering Services
Division, and the review and approval of the Zoning Administrator, the
outer curb face shall be located 20-feet to 30-feet from the right of way
line (right of way line shown on County Drawing E8174-89, sheets 3
and 4 of 8). The curb face shown on the applicant's February 2, 1994
Vesting Tentative Map does not accurately reflect the proposed
alignment.
The applicant shall be obligated, without reimbursement, for 20-feet of
the pavement widening along State Highway 4 in addition to the road
improvements which the property owner is obligated to construct under
past agreements with the County. This includes Hofmann's obligation
under the Highway 4/Cypress Road Widening Project.
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If Caltrans will not permit construction of this portion of the median
island at this time, the applicant shall contribute a sum equal to the
estimated cost of the median island (including surface treatment,
landscaping and irrigation) to a Road Improvement Fee Trust (Fund No.
819200-0800) designated for road improvements to this portion of
State Highway 4.
2) Construct curb, 6-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage, pavement widening and
a full-width median island (including surface treatment, landscaping and
irrigation) along the frontage of Cypress Road. The curb face shall be
generally located 10-feet from the widened right of way line, except in
the vicinity of State Highway 4 where the location shall be subject to
the review of the County Public Works Department, Engineering
Services Division, and the review and approval of the Zoning Adminis-
trator. Road widening along. the north side of Cypress Road shall
accommodate the raised median island, and a 20-foot westbound lane.
The 20-foot westbound lane shall provide for a 14-foot lane and a 6-foot
wide shoulder. The raised median island and 20-foot westbound lane
shall extend along the frontage of this property to State Highway 4.
3) Construct curb, 4-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage,and necessary pavement
widening along the Almondtree Lane frontage of this property. The curb
face shall be located 10-feet from the widened right of way line.
4) Certain road improvements required may be eligible for credit or
reimbursement against the Area of Benefit fee. The developer shall
contact the Public Works Department, Transportation Engineering
Division, to determine the extent of any credit or reimbursement for
which the applicant might be eligible. Prior to constructing any public
improvements, or filing of any Final Map, the applicant shall execute a
credit/reimbursement agreement with the County. No credit or
reimbursement will be made for any improvements installed prior to
execution of the credit/reimbursement agreement. Credit will only be
given for monies that are programmed within the next three fiscal years
after Final Map approval, reimbursement agreements shall be executed
for monies that are programmed beyond three fiscal years. Any credit
or reimbursement shall be based on the cost estimate included in the
Area of Benefit Development Program Report and only in proportion to
each specific Area of Benefit improvement which the applicant is
installing.
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B. Off-site Road Improvements:
1) Construct curb, 6-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage, pavement widening and
a half-width median island (including surface treatment,landscaping and
irrigation) along the frontage of State Highway 4 (Main Street) along the
"Commercial Area - Not a Part" property shown on the Vesting
Tentative Map in the location approximately shown on County Drawing
E8174-89 sheet 3 of 8. These improvements shall also include
undergrounding of utility distribution facilities and installation of street
lights.
2) Construct curb, 6-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage, pavement widening and
a half-width median island (including surface treatment,landscaping and
irrigation) along the frontage of Cypress Road along the "Commercial
Area - Not a Part" property noted on the Vesting Tentative Map in the
location approximately shown on County Drawing E8174-89 sheet 3 of
8. These improvements shall also include undergrounding of utility
distribution facilities and installation of street lights.
C. On-site Road Improvements:
1) Construct curb, 4-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage and 32-feet of pavement
along all interior streets in this subdivision to County public road
standards. The curb face shall be located 10-feet from the widened
right of way line.
D. Road Dedications:
1) Relinquish abutter's rights of access along State Highway 4 with the
exception of the one access shown at the commercial area. Left turns
shall be prohibited to and from the site along State Highway 4.
2) Relinquish abutter's rights of access along Cypress Road with the
exception of the north/south turns shall be prohibited to and from the
site along Cypress Road.
E. Street Lights:
1 ) Install street lights on Cypress Road, State Highway 4, Almondtree Lane
and the interior public streets in this subdivision. The final number and
location of the lights shall be determined by the Pubic Works Depart-
ment, Road Engineering Division.
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2) Annex this property, including the "Commercial Area - Not a Part"
property shown on the Vesting Tentative Map, to County Service Area
L-100 for maintenance of street lights prior to filing of the Final Map.
F. Landscaping:
1 . Prior to filing the final map, apply to the Public Works Department for
annexation to the County Landscaping District AD 1979-3 (LL-2) for the
future maintenance of landscaping and irrigation facilities in median
islands and parkways. The subdivision shall also fund the maintenance
tot lot/pocket park through the Landscaping District Zone set up for this
development.
2) Submit landscaping plans to the Public Works Department and pay the
plan review and field inspection fees. 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.
G. General Requirements:
1) Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for all improve-
ments 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 Public Works Department, Road
Engineering Division. Striping shall include a 6-foot bicycle lane along
Cypress Road.
2) 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 perma-
nent, road and drainage improvements.
3) An encroachment permit for construction within the State right of way
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
4) Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and drive-
ways.
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5) 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 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 distance has been
provided.
6) Undergrounding of all utility distribution facilities. This shall include
distribution facilities along the frontage of Cypress road, State Highway
4 and Almondtree Lane.
7) All acoustical walls shall be constructed as masonry or concrete walls
adequately designed structurally to meet Building Inspection require-
ments and designed acoustically based on ultimate road widening and
ultimate traffic subject to the review of the Zoning Administrator.
8) The applicant shall be required to pay the proposed East Contra Costa
Sub-regional Transportation fee for the Delta Expressway if it goes into
effect prior to issuance of building permits for development. The fee
shall have a maximum limit of $4,200 per residential unit for this project
which shall include the portion of the Oakley/North Brentwood Area of
Benefit fee designated for the Delta Expressway.
9) Provide for a bus pull-out and covered bus shelter on State Highway 4
at a location designated by the Tri-Delta Transit Authority, subject to the
review of the Public Works Department and CALTRANS, subject to the
review and approval of the Zoning Administrator.
10) Provide for adequate sight distance at the following intersections for the
specified design speed in accordance with CALTRANS standards:
a. State Highway 4 at Almondtree Lane and at Cypress Road for a
55 mile per hour design speed.
b. At the Cypress Road and Almondtree Lane intersections with the
north-south street through that subdivision in accordance with
CALTRANS standards for a 45 mile per hour design speed on
Cypress Road and a 35 mile per hour design speed on Almond-
tree Lane.
C. The major north-south route through this development shall be
designed to County public road standards and the inside of all
turns along this route shall be designed to provide site distance
for at least 35 mile per hour designed speed.
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H. Drainage Improvements:
1) Collect and convey 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 in accordance with Division
914 of the Ordinance Code.
2) Design and construct storm drainage facilities required by the Ordinance
Code in compliance with specifications outlined in Division 914 and in
compliance with design standards of the Public Works Department.
3) The applicant shall not discharge concentrated storm waters into
roadside ditches.
4) Install, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
5) This Subdivision shall install Line C of Drainage Area 30A, including the
outfall structure into the Marsh Creek channel, and discharge all of the
stormwater entering and originating within the subject property to Line
C of Drainage Area 30A. The improvement plans for Line C shall be
subject to the review of the Flood Control District.
6) Obtain a Flood control Permit from the Application and Permit Center for
any work within Marsh Creek.
29. Applicant shall construct good neighbor style fences, acceptable in design by the
Zoning Administrator, along the rear property lines of all new lots. The commercial
area shall be separated by a suitable and side masonry wall from the residential lots
of this development.
30. Prior to the issuance of building permits, the applicant shall submit a detailed TDM Plan
for review and approval by the Zoning Administrator (unless otherwise required by a
TDM Ordinance). The approved TDM Plan shall be operative prior to final inspection
by the Building Inspection Department.
31. Pursuant to Policies 6-1 , 6-6 and 6-9 of the Housing Element of the General Plan
(1990-2005) and Section 33413 of the California Health and Safety Code (part of
California Redevelopment Law), the applicant shall allocate a minimum of 15 percent
(12 units) of the approved 81 units in the proposed development to help meet the
County's need for affordable housing. The 12 Affordable Units shall be required to be
affordable to and occupied by Moderate Income households. for the purposes of this
condition, the following definition applies:
11
Moderate income households are defined as households with
incomes not exceeding 120 percent of the median income for
Contra Costa County, as adjusted for household size. Based
upon the May, 1993 income limits for the County, the current
median income for a four-person household is $52,400.
Affordable price is defined as the lesser of market price for
comparable units, or the price determined by taking into account
the Prevailing Interest rate (as defined in the Developer Sales
Agreement), number of bedrooms and, therefore, assumed
household size, reasonable down payment and the definition of
Affordable Housing Cost contained in Section 50052.5 of the
California Health and Safety Code.
In addition, the Affordable Units shall be: distributed throughout the project
development (all phases); comparable in quality and design with the market rate units;
deed restricted and required to remain affordable for a minimum of 10 years. To help
ensure the affordability of the units, Mortgage Credit Certificates shall be reserved by
the County for use by qualified Moderate Income households in acquiring these units.
The applicant shall be required to enter into a Developer Sales Agreement with the
County specifying the affordability requirements included in this condition at least 30
days prior to filing the Final Map. The form of the Agreement shall be approved by the
County and recorded in the official records of the Contra Costa County Recorder's
Office. Prior to filing a Final Map, the developer shall submit a plan for the review and
approval of the Director of Community Development for the purpose of determining
which units shall be made available to Moderate Income Households. The approved
plan shall be incorporated into the Developer Sales Agreement.
32. Within 30 days of approval of the rezoning and the development plan by the Board, the
applicant shall submit a revised map with 81 lots and a park/tot lot area to OMAC for
review and recommendation. The layout of the subdivision shall be similar to the
drawings received by the Community Development Department on March 28, 1994.
The revised map shall be subject to review and approval of the Zoning Administrator.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT
ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE PROVIDED
FOR THE PURPOSE OF INFORMING THE APPLICANT OS ADDITIONAL ORDINANCE
REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT.
12
A. The project lies within the 100-year flood boundary as designated on the Federal
Emergency Management Agency 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 Oakley/North 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 30A as adopted by the Board of Supervisors.
F. The applicant shall be required to comply with all rules, regulations, and procedures of
the National Pollutant Discharge Elimination System (NPDES) for municipal, construc-
tion and industrial activities as promulgated by the California State Water Resources
Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay-
Region II or Central Valley - Region V).
G. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
H. Comply with the requirements of the Ironhouse Sanitary District.
I. Comply with the requirements of the Health Services Department, Environmental
Health Division.
J. Comply with the requirements of the Liberty Union High School District.
K. The applicant will be required to pay an environmental review fee of $1 ,250 for the
Department of Fish & Game at the end of the appeal period. Failure to do so will result
in fines. In addition, the approval is not final or vested until the fee is paid. A check
for this fee shall be submitted to Contra Costa County for submittal with the final
environmental documents.
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 [CP11 adjustments). The annual fee is subject to modification by
the Board of Supervisors in the future. The current fee for holding the election is $800
13
and is also subject to modification in the future. The applicable tax and fee amounts
will be those established by the Board at the time of voting. The applicant is advised
that the election process takes from 3 to 4 months and must be completed prior to
recording the Final or Parcel Map.
M. This project is subject to the development fees in effect under County Ordinance as
of August 17, 1993, the date the vesting tentative map 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 the following:
Park Dedication $1 ,350.00 per residence.
An estimate of the fee charges for each approved lot may be obtained by contact the
Building Inspection Department at 646-4992.
N. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map
act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of
the Subdivision Map act shall last for an initial period of two (2) years following the
recording date of the final/parcel map. These rights pertain to development fees and
regulations. Where several final maps are recorded on various phases of a project
covered by a single vesting tentative map, the initial time period shall begin for each
phase when the final map for that phase is recorded.
At any time prior to the expiration of the initial time period, the subdivider may apply
for a one-year extension. The application shall be accompanied by the applicable filing
fee. If the extension is denied by an advisory agency, the subdivider may appeal that
denial to the Board of Supervisors by filing a letter of appeal with the appropriate filing
fee with the Clerk of the Board within 15 calendar days.
The initial time period may also be subject to automatic extension pursuant to other
provisions of Section 66452.6(g) relating to processing of related development
applications by the County.
At the expiration of the vesting time period, remaining development (i.e., new building
permits) within the subdivision shall be subject to development fees and regulations
in effect at that time.
AMB/AB/aa
RZXVIII/3003-RZC.AMB
3/29/94
4/20/94
5/2/94 - EC (a)
6/7/94 - BS (a)
HOFMANN COMPANY (Applicant)
KENNETH & MARTHA HOFMANN (Owners)
COUNTY FILES #3003-RZ & 3007-93
A request to rezone approximately 10.7 acres of land from
Retail Business (R-B) to Planned Unit Development (P-1) and to
develop the property into 81 lots.
Subject property is located at the southwest corner of State
Highway 4 and West Cypress Road
Oakley Area.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
JUNE 7, 1994 - 2 : 00 P.M.
I
Hofmann Company Diablo Water District I r o n h o u s e S a n i t a r}
Attn: David Lennon P.O. Box 127 District
P.O. Box 907 Oakley, CA 94561 P.O. Box 1105
Concord, CA 94522 Oakley, CA 94561
Oakley/Knightsen Fire OMAC Stanni Holt
District P.O. Box 212 Brentwood News
123 Main St. Oakley, CA 94561 654 Third St.
Oakley, CA 94561 Brentwood, CA 94513
Roger & Robin Proctor Dennis & Linda Nunn Joan Page
26321 Jackstone Road 4650 Main Street P. O. Box 345
Galt, CA 95632 Oakley, CA 94561 Oakley, CA 94561
Thomas Nokes James & Wilma Nunn Stephen Fleschsing
7749 Country Lane SR* 4600 Main Street
Pleasanton, CA 94566 Merrill, OR 97633 Oakley, CA 94561
William Elliott Stephen Flechsing Clifford & Scott Munns
1601 Tennesse St. RR 4 Box 5-G P.O. Box 4522
Vallejo, CA 94590 Oakley, CA 94561 Oakley, CA 94561
Brian & Julia Kelley Pete & Ernest Carvajal Donald & Sally Joaquin
550 S. Winchester Blvd. RR 4 Box 10 RR 4 Box 7
San Jose, CA 95128 Oakley, CA 94561 Oakley, CA 94561
Vivian Silverira CCC Flood Control Kenneth & Marion Hofmanr
4763 Main St. District 1380 Galaxy Way
Oakley, CA . 94561 255 Glacier Drive Concord, CA 94520
Martinez, CA 94553
Leon & Ruth Mullins Ted & Anita Tipton Frank & Angie Domingo
4721 Tobi Drive 4400 Main St. 120 E. Cypres Road
Concord, CA 94521 Oakley, CA 94561 Oakley, CA 94561
Duarte Corporation Richard & Rebekah Munana Erika Volhontseff
1380 Carpenter Road 386 Hazelnut Ln. 2320 Redberry Ct.
Oakley, CA 94561 Oakley, CA 94561 Pleasanton, CA 94566
Linda & Donny Spicer Edward & Sherral Handy Daniel Mickleburgh
382 Hazelnut Ln. 378 Hazelnut Lane 382 Martin Avenue
Oakley, CA 94561 Oakley, CA 94561 Livermore, CA 94550
David & Una Chunn David McIntyre Charles Loney, III
370 Hazelnut Lane 366 Hazelnut Lane 362 Hazelnut Lane
Oakley, CA 94561 Oakley,. CA 94561 Oakley, CA 94561
Thomas & Michael Moore Charles & Margaret White Royce & JanetKennedy
358 Hazelnut Ln. 354 Hazelnut Ln. 353 Hazelnut Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Trevor & Lisa Canada Aaron T. Fontes Arthur & Vera Gonzales
357 Hazelnut Ln. 361 Hazelnut Ln. 365 Hazelnut Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Walter & Mary Young Melvin & Mari Smith Robert & Don Flurie
35 San Ysidro Ct. P.O. Box 809 4436 Macadamia Ln.
Danville, CA 94526 Bethel Island, CA 94511 Oakley, CA 94561
Candace Smith Gerald & Sherri Annis Ronald & Tracy Altom
346 Filbert Ct. 342 Filbert Ct. 338 Filbert Ct.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Robert & Soila Soto Sean McCauley Peter & Laurette Ehrli.ck:-
334 Filbert Ct. 330 Filbert Ct. 747 Contada Circle
Oakley, CA 94561 Oakley, CA 94561 Danville, CA 94526
Claudia Saunders Mark & Leona Brewer Patrick & Lauri James
322 Filbert Ct. 323 Filbert Ct. 371 Woodcrest Pl.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
HUD Robert & Sharon Rushworth Alta Mortgage Co.-
P.O. Boxc 10232 335 Filbert Ct. 1380 Galaxy Way
Van Nuys, CA 91410 Oakley, CA 94561 Concord, CA 94520
Ramey Smiley Robert Nyberg Richard & Barbara Millei
339 Filbert Ct. 343 Filbert Ct. 347 Filbert Ct.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Alan & Marilyn Lindquist Paul Campbell Kirk Leyton
31 Deer Creek Lane 320 Cashew Ln. 316 Cashew Lane
Danville, CA 94526 Oakley, CA 94561 Oakley, CA 94561
Ralph & Eileen Watson Delbert, & Charlotte Smith Barbara Dodatko
312 Cashew Ln. 1445 27th Ave. 304 Cashew Ln.
Oakley, CA_ 94561 Lewiston, ID 83501 Oakley, CA 94561
peter & Carolyn Ruegg Steven Haag David & Gerri Dillon
300 Cashew Lane 296 Cashew Ln. 292 Cashew Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Jahn & Kerry Hendricks Terry Essex David & Juanita Singer
2063 Main St. 284 Cashew Ln. 281 Cashew Ln.
Oakley, Ca. 94561 Oakley, CA 94561 Oakley, CA 94561
Joy Poulos Myron & Laurie Drummond Jeffrey & Susan Webster
285 Cashew Ln. j 289 Cashew Ln. 293 Cashew Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Susan Betts Jon & Kim Dixon Christina Fong
297 Cashew Ln. 309 Cashew Ln. 313 Cashew Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Anita Sardina-Brown Patricia Wise Enriqueta Villasenor
23 Kensington Ct. 276 Brazil Ct. 272 Brazil Ct.
Brentwood, CA 94513 Oakley, CA 94561 Oakley, CA 94561
Dennis & Mary Capas Scott Kabrich Louis & Marci Lozoya
268 Brazil Ct. 264 Brazil Ct. 260 Brazil Ct.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Gary & Virgi Webber Robert Russi Ramon & Joan Parra
941 San Simeon Drive 252 Brazil Ct. 248 Brazil Ct.
Concord, CA 94518 Oakley, CA 94561 Oakley, CA 94561
Michael & Sharon Neal Kevin & Kim Chugg Jolene M. Riley
244 Brazil Ct. 240 Brazil Ct. 236 Brazil Ct.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Dani Reis Charles & Dessa Hertz Joe & Joy Kick
235 Brazil Ct. 239 Brazil Ct. 243 Brazil Ct.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Michael & Carol Freyler Kennette Rhodes Joselito & Gina Labrador
22 Anvilwood P1 251 Brazil Ct. 4324 Beechnut Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Laura Serpa Arthur & Betty Connors R. N. Goff
4320 Beechnut Ln. 2496 Baltrusrol Ct. 191 Camino Sur St.
Oakley, CA 94561. Union City, CA 94587 Chico, CA 95926
Mark & 'Cynthia DeLaVara Wayne & Marijean Arifuku . Anthony & Sherry Gonzale:.
4308 Beechnut Ln. 4008 Roland Drive 4300 Beechnut Ln.
Oakley, CA 94561 Concord, CA 94521 Oakley, CA 94561
Richard & Amalia Dougan Debra Knuutti Bruce & Christy Jacobs
1805 Heidelberg Drive 226 Almondtree Ln. 222 Almondtree Ln.
Livermore, CA 94550 Oakley, CA 94561 Oakley, CA 94561
John & Jennifer Youngkamp Carol Thomas Joseph & Pamela Perkins
493 Almondtree Circle 218 Almondtree Lane 214 Almondtree Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
David & Elizabeth Lutz Lee * & Donna Foster Larry & Carmen Walton
210 Almondtree Ln. 206 Almondtree Ln. 202 Almondtree Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Barbara Hughes Gayle Barnes Thomas & Tamela O'keefe
201 Almondtree Ln. 205 Almondtree Ln. 209 Almondtree Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Thayne & Claudia Beard Robert S. Foster James Jackson
213 Almondtree Ln. 217 Almondtree Ln. 221 Almondtree Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Debra Rowell Rory Cannon Juan & Celia Cuara
225 Almondtree Ln. 229 Almondtree Ln. 231 Almondtree Ln.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
3003-rz. lab
' s
_ Contra
TO: BOARD OF SUPERVISORS •,���' „ Costa
n:
FROM: HARVEY E. BRAGDON o. �woo1 County
DIRECTOR OF COMMUNITY DEVELOPMENT ; - o
DATE: June 7, 1994 sra�tiurit'{'
SUBJECT: Hearing on Rezoning Application #3003-RZ and companion application
#3007-93 to rezone approximately 10.7 acres of land from Retail
Business (R-B) to Planned Unit Development (P-1) and to develop the
property into 81 lots located in the Oakley area. Application filed
by Hofmann Company (Applicant) and Kenneth & Martha Hofmann (Owners) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
I. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application #3003-RZ and Development Plan
#3007-93 as recommended by the East County Regional Planning
Commission as shown on the attached Conditions of Approval
marked Exhibit "A", except Condition #31 which has been
clarified by the Redevelopment Agency.
Condition #31 (as existing) :
The Redevelopment Agency and developer agree to negotiate a
mutually satisfactory program for the inclusion of 12 moderate
income units. Any such program shall be in place prior to
recordation of the Final Map.
Condition #31 (as clarified by the Agency) :
Pursuant to Policies 6-1, 6-6 and 6-9 of the Housing Element
of the General Plan (1990-2005) and Section 33413 of the
California Health and Safety Code (part of California
Redevelopment Law) , the applicant shall allocate a minimum of
15 percent (12 units) of the approved 81 units in the proposed
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA N O OARD COMMITTEE
APPROVE OTHER i
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A 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:Aruna Bhat 646-4208 ATTESTED
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Hofmann Company THE BOARD OF SUPERVISORS
Kenneth & Martha Hofmann AND COUNTY ADMINISTRATOR
Mitch Avalon-Public Works
BY , DEPUTY
AMB:df
Page.Two
development to help meet the County's need for affordable
housing. The 12 Affordable Units shall be required to be
affordable to and occupied by Moderate Income households. For
.the purposes of this condition, the following definition
applies:
Moderate income households are defined as households with
incomes not exceeding 120 percent of the median income
for Contra Costa County, as adjusted for household size.
Based upon the May 1993 income limits for the County, the
current median income for a four-person household is
$52,400.
Affordable price is defined as the lesser of market price
for comparable units, or the price determined by taking
into account the Prevailing Interest rate (as defined in
the Developer Sales Agreement) , number of bedrooms and
therefore assumed household size, reasonable down payment
and the definition of Affordable Housing Cost contained
in. Section 50052.5 of the California Health and Safety
Code.
In addition, the Affordable Units shall be: distributed
throughout the project development (all phases) ; comparable in
quality and design with the market rate units; deed restricted
and required to remain affordable for a minimum of 10 years.
To help ensure the affordability of the units, Mortgage Credit
Certificates shall be reserved by the County for use by
qualified Moderate Income households in acquiring these units.
The applicant shall be required to enter into a Developer
Sales Agreement with the County specifying the affordability
requirements included in this condition at least 90 days prior
to filing the Final Map. The form of the Agreement shall be
approved by the County and recorded in the official records of
the Contra Costa County Recorder's Office. Prior to filing a
Final Map, the developer shall submit a plan for the review
and approval of the Director of Community Development for the
purpose of determining which units shall be made available to
Moderate Income Households. The approved plan shall be
incorporated into the Developer Sales Agreement.
Applicant is agreeable to this proposed clarification.-
3. Adopt the East County Regional Planning Commission's findings
as set forth in Resolution #20-1994 as the determination for
these actions.
4. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set forth date for adoption of
same.
FISCAL IMPACT
None.
s
OAKLEY MUNICIPAL ADVISORY COMMITTEE
GMAC recommended denial of the General Plan Amendment and rezoning
for the property at its meeting on February 16, 1994 and earlier
j meetings on June 14, 1993 and August 26, 1993 but provided the
following comments on the subdivision if the General Plan Amendment
and rezoning application are granted by the Board:
a: The proposed tot lot be installed and constructed by the
developer per plans to mitigate the lack of community space.
The East County Regional Planning Commission eliminated the
tot lot and increased the number of lots .to 81.
Page Three
b: The proposed masonry wall and landscaping be installed as per
plans. The East County Regional Planning commission approved
the masonry wall proposed by the applicant in consultation
with GMAC.
c: OMAC's standard conditions of approval for the Community of
Oakley be incorporated. OMAC's standard conditions of
approval have been incorporated as applicable to this project.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 2, 1994, the East County Regional Planning commission, after
taking testimony, recommended that the Board of Supervisors approve
this project subject to the Conditions of Approval and Findings
attached.
RESOLUTION NO. 20 - 1994
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 HOFMANN COMPANY
(APPLICANT) . AND KENNETH & MARTHA HOFMANN (OWNERS) , (3003-RZ) , IN
THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE
OAKLEY AREA OF SAID COUNTY ALONG WITH COMPANION APPLICATION 3007-
93.
WHEREAS, a request by Hofmann Company (Applicant) and Kenneth
& Martha Hofmann (Owners) (3003-RZ) to rezone land in the Oakley
area from Retail Business (R-B) to Planned Unit District (P-1) was
received on March 9, 1993 along with companion applications 3007-93
and Subdivision 7837; 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 environmental
impacts; and
WHEREAS, for purposes of compliance with provisions of the
California Environmental Quality Act and State and County CEQA
guidelines, a 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, April 4, 1994; whereat all persons interested might appear
and be heard; and
WHEREAS, the East County Regional Planning Commission
recommended denial of the General Plan Amendment for the site,
continued the accompanying development plan applications to May 2,
1994; and
WHEREAS, the Board of Supervisors approved the General Plan
Amendment on the site from Commercial to Multiple Family Low
Density (7-3/11-9 units/net acre) on April 19, 1994 ; and
WHEREAS, a public hearing was scheduled before the East County
Regional Planning Commission on Monday, May 2 , 1994; whereat all
persons interested might appear and be heard; and
WHEREAS, on Monday, May 2, 1994, the East County Regional
Planning Commission having fully reviewed, considered and evaluated
all the testimony and evidence submitted in this matter; and
Page Two RESOLUTION NO. 20 - 1994
WHEREAS, on Monday, May 2 , 1994 , the East County Regional
Planning Commission approved Subdivision 7837 contingent upon
approval of 3003-RZ and 3007-93 by the Board of Supervisors for 81
lots by eliminating the public park/tot lot; and
NOW, THEREFORE, BE IT RESOLVED that 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 Hofmann Company (Applicant) and Kenneth & Martha Hofmann
(Owners) (3003-RZ) be approved for change from Retail Business (R-
B) to Planned Unit District (P-1) , and that this zoning change be
made as indicated on the findings map entitled: Page H-25 of the
County's 1978- Zoning Map and that Final Development Plan #3007-93
be approved.
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 given by motion of the
East County Regional Planning Commission on Monday, May. 2 , 1994, by
the following vote:
AYES: Commissioners - Hern, Sobalvarro, Hanson,
Wagner, Wetzel, .Planchon.
NOES: Commissioners - Andrieu
ABSENT: Commissioners - None
ABSTAIN: Commissioners - None
Page Three RESOLUTION NO. 20 - 1994
STAN PLANCHON
Chair of the East County Regional
Planning Commission, County of Contra
Costa, State of California
ATTEST:
Secretary the East County Regional
Planning Commission, County of Contra
Costa, State of California
AMB/df
3003-RZ.res
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Chairman alifornia,
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Corr,mission,Contra correct copy of
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the decision of the East
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EXHIBIT "A"
CONDITIONS OF APPROVAL FOR REZONING 3003-RZ FINAL DEVELOPMENT PLAN 3007-93
AND SUB 7837 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION
ON MAY 2, 1994
1 . This request to subdivide 12.1 ± acre parcel is approved for 81 lots on 10.7 acres with
1 .4 acres remainder is approved as shown on drawings dated received by the
Community Development Department on March 28, 1994, eceptfxr;te;elfnaon
t eA.;o.posed .p.ub. c park: and .;LO,t. 5;5The conditions of approval require
PP 4
compliance prior to the filing of parcel map unless otherwise indicated.
2. This approval is contingent on adoption of Rezoning 3003-RZ and Final Development
Plan 3007-93. 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. Environmental noise analysis for SUB 7837 prepared by Brown-Buntin
Associates, Inc. dated received by the Community Development Department on
July 19, 1993.
B. Archaeological reconnaissance of the project prepared by Michael Smith &
Suzanne Bakerdated received by the Community Development Department July
19, 1993.
C. Site plans - elevation drawings, prepared by Walter Eagle & Associates dated
received by the Community Development Department February 2, 1994.
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 subject to proper request and approval.
5. The guide for development 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. Prior to re-
cording the final map, submit a plot plan of proposed houses with type of unit
proposed.
A. Front setbacks shall be a minimum of 20 feet. Setback for covered porches
can be reduced to 14 feet.
B. Minimum sideyard shall be 5 feet with an aggregate sideyard setback of 10'-0".
Sideyards can be reduced to 3 feet on some units subject to the Zoning
Administrator review and approval.
C. Minimum rearyards shall be 15 feet.
'
'
2 '
_
D. Lots that back up to State Highway 4 and A|nmondtnee Lane* shall have a
rgoryord setback of at least 15 feet, except that Lots #33' #34, and #47 seo4
rnay be reduced to 10 feet.
8. The design of-the unit on Lot #26 shall be subject to review and approval of the
Zoning Administrator prior to issuance of building permits.
7. The units proposed along Highway 4 frontage
) shall have varied rnoUineo to minimize
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the effect ofasolid row of2'mtoryunits along the highway. The design homes shall
be subject to naviovv and approval of the Zoning Administrator prior to issuance of
building permits.
8. Illuminated house numbers visible from a public or private roadway are required for
each residence.
9' Water supply serving the properties concerned shall be by the Diablo Water District.
Such water distribution, located within the boundaries of the properties concerned in
this application, shall become on integral part of the Diablo Water District's overall
water distribution system. Each individual living unit shall be served byaseparate
water connection. Sewage service shall be by the |ronhouma Sanitary District. Each
individual living unit shall be serviced byaseparate sewer connection.
10. Prior tothe issuance of building permits, the epp|icant shall submit sonop|ea of colors
and exterior materials for review and oppr | of the Zoning Administrator. The
exterior finish of the residential units shall be of neutral color and the uu|ons shall be
,complementary.
11. Existing fence along the western property lineishall be repaired and/or replaced. The
applicant shall contact the neighboring owners to determine if they want the existing
wood fence replaced with a cyclone fence with wood or plastic slats.
13' /\ phasing program for the development may be submitted for the review and approval
of the Zoning Administrator. Project entry uin (if proposed) shall besubject to the
review and approval of the Zoning Administrator prior to installation.
13. At |aomt 30 days prior to requesting recording of the final rnop' submit a street tree
planting plan for the entire development, a landscape plan for the landscaping and
` soundxvaU along the site's frontage along Cypress Road' Highway 4and A|rnondtreg
Lane and a |andscaped plan for the park area/tot lot area and typical frontyaod areas
ofthe residences. Street trees shall baatleast 15'gaUonsize. Each lot shall have one
tree except that corner lots mhoU have at least street trees. The landseape-p6-wf-ef
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plan __ design —_ _' --' ef the __' shall -- ---`~-^ to the .~,....
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14. Comply with the landscaping requirements as follows. The following report is subject
to the Zoning Administrator's review and approval. Landscaping shall conform to the
County's Water Conservation policies in regards to use of drought-tolerant trees,
bushes and ground covers. The landscape architect for the site shall certify this.
15. A trail shall be constructed along the north side of the parcel frontage. The trail plan
shall be subject to review and approval by the County Public Works Department.
16. Landscaping along Cypress Road, Almondtree Lane and Highway 4 as well as the
irrigation plan shall be reviewed and approved by the County Public Works Department.
Street landscaping shall be installed prior to occupancy of residences within this
development unless specifically allowed by the Zoning Administrator.
17. All required landscaping shall be installed or bonded prior to occupancy and shall be
maintained by the applicant until occupancy.
be installed at the time-the—adjaeent parepi e.,#-7-6, #77, #te41 #49)aFe built and
18. At least 30 days prior to submittal of building permits for 2-story homes within the 60
dB noise range, submit an acoustical report with a detailed analysis of interior noise
levels.
19. 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.
20. 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
recommendations of the approved report.
21 . Covenants, Conditions and Restrictions shall be submitted for review with the Final
Subdivision Map, and shall be subject to review and approval by the Zoning
Administrator. This document shall provide for establishment, ownership and
maintenance of fencing, keeping of pets and establishment of signs.
The Covenants, Conditions and Restrictions (CC & Rs) developed for this project shall
include the following deed restrictions:
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A. (Examples) No recreational vehicle, boot, boat trailer or rnobilehorna oheU be
stored onthe site overnight ifvisible tothe street. Exterior materials and colors
shall not vary from the palette approved for the original homes.
22. 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 to the adoption of
final Board policy.
23. Connp|y vvbhthe fd|ovving construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such
` things as power
generators, shall be limited to the houra of 7:30 A.M. to 5:00 P.M., Monday
through Fhdoy, 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 aponsorahaUnequinetheircontraotocsandaub000trectoratofiteU
internal combustion engines with mufflers which are in good condition and shall
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locate stationary noise-generating equipment such as air cornpr| omnra and
concrete pumpers asfar away from existing residences as possible.
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C. Atleast one week prior tOcommencement ofgrading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary ofthe project oitonodcothatoonatructionvvnrkvviUoornrnenog. The
.
notice shall include alist ofcontact persons with name, title, phone number
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and area ofresponsibility. The person responsible for maintaining the list shall
be included. The list shall be kept current a1all times and shall consist of
persons with authority toindicate and implement corrective action intheir area
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of responsibility. The names Vfthe individual responsible for noise and Utter
control shall beexpressly identified inthe notice. The notice shall bereissued
with each phase ofmajor grading activity.
A copy of the notice mhoU be concurrently transmitted to the community
Development Department. The notice shall be accompanied by list ofthe
names and addresses of the property owners noticed, and a map identifying the
area noticed.
O. 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 unimmediate 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 agood-faith effort tOavoid interference with existing
neighborhood traffic flows. Prior toissuance ofbuilding permits, the proposed
roads serving this development shall be constructed to provide access to each
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lot. This gh@U include provision for an on-site area in which to park earth
moving equipment.
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24. The owner of the property shall participate in the provision of funding to maintain and
augment police services byvoting tuapprove especial 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 uornp|atad prior to the filing of the parcel K4up. The property owner shall be
responsible for paying the cost ofholding the election. The fee for election costs will
be due otthe time that the election imrequested by the owner.
25. The applicant shall secure e "will serve" letter from the Liberty Union High. School
District and the Oakley School District prior to filing the final map.
26. Provision of a child oanu facility or program is required for this development. The
program shall be submitted for the review and approval ufthe Zoning Administrator
at least 30 days prior tothe filing of the Final Map.
27' 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 Planning Agency and its agents, officers, and employees from any dnirn'
action, o, 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 isbrought within the time period provided
for iDSection 6049g.37. The County will promptly notify the subdivider Dfany such
dairn' action, or proceeding and cooperate fully inthe defense.
28. The following requirements pertaining todrainage, road and utility improvements are
based on the March 28' 1994 Vesting Tentative Map and will require the review and,
approval Ofthe Public Works Department. \naccordance with Section 92'2.00G0fthe
County Ordinance Code, this subdivision shall conform to the provisions of the County
Subdivision Ordinance (Title S). Any exceptions therefrom must bespecifically listed
inthis conditional approval statement. Conformance vviththeOrdinance includes the
following requirements:
A. Frontage Improvements:
1) Conatruotuurb. S-foot8-inohsidevvaik(width rneasuredfronncu/bface)'
necessary longitudinal and transverse drainage, pavement widening and
a half-width median island (including surface treatment,landscaping and
irrigation) along the frontage ofState Highway 4 (Main Street). Subject
to the review of the Public Works Department, Engineering Services
Division, and the review and approval of the Zoning Administrator, the
outer curb face shall be located 20'foatto 30'feetfrorn the right of way
line (right ofway line uhuvvn on County [)revvin0 E8174-D8' sheets 3
and 4 o 8). The curb face shown on the applicant's February 2' 1894
Vesting Tentative Map does not accurately naMeot the proposed
alignment.
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The applicant shall be obligated, without reimbursement, for 20'feu»tof
the pavement widening along State Highway 4 in addition to the road
improvements which the property owner is obligated to construct under
past agreements with the County. This includes Hmfn)ann's obligation
under the Highway 4/Cypress Road Widening Project.
If Caltrans will not permit construction of this portion of the median
island at this time, the applicant shall contribute e murn equal to the
estimated oust of the median island (including surface treatment,
landscaping and irrigation) to Rood Improvement Fee Trust (Fund No.
819200'0800> designated for road imp rovannonts to this portion of
State Highway 4.
2> Construct curb, 6-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage, pavement widening and
afuU-vvidth median island (including surface treatment, landscaping and
irrigation) along the frontage nfCyprams Road. The curb face shall be
generally located 1O-feat from the widened right of vvey line, except in
the vicinity of State Highway 4 where the location nbaU be subject to
the review of the County Public VVnrkS O8Vertnnent' Engineering
Services Division, and the review and approval Of the Zoning Adminis-
trator. Road widening along the north side of Cypress'
Road shall
accommodate the raised median island, and o2O'footwestbound lane.
The 20'foot westbound lane shall provide for a 14-foot lane and o 6-foot
wide shoulder' median 20'footvvgotbound |Vna
shall extend along the frontage of this property to State Highway 4.
3) Construct curb, 4-foot 6-inch sidewalk (width measured from curb face),
necessary longitudinal and transverse drainage,and necessary pavement
widening along the A|noondtr8gLane frontage Ofthis property. The curb
face shall be located 10'feetfrorn the widened right Of way line.
4) Certain road improvements required may be eligible for credit or
reimbursement against the Area of Benefit fee. The developer shall
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contact the Public Works Department, Transportation Engineering
Division, to determine the extent of any credit or reimbursement for
which the applicant might be eligible. Prior to constructing any public
improvements, or filing of any Final K4ap, the applicant shall execute
.
credit/reimbursement agreement with the County. No credit or
reimbursement will be made for any improvements installed prior to
execution of the credit/reimbursement agreement. Credit will only be
given for monies that are programmed within the next three fiscal years
after Final Map approval, reimbursement agreements shall be executed
for monies that are programmed beyond three fiscal years. Any credit
orreimbursement shall be based onthe cost estimate induded in the
Area ofBenefit Development Program Report and only inproportion to
each specific Area of Benefit improvement which the applicant is
installing.
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B. Off-site Road Improvements:
1) Construct curb, 6-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage, pavement widening and
a half-width median island (including surface treatment,landscaping and
irrigation) along the frontage of State Highway 4 (Main Street) along the
"Commercial Area - Not a Part" property shown on the Vesting
Tentative Map in the location approximately shown on County Drawing
E8174-89 sheet 3 of 8. These improvements shall also include
undergrounding of utility distribution facilities and installation of street
lights.
2). Construct curb, 6-foot 6-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage, pavement widening and
a half-width median island (including surface treatment,landscaping and
irrigation) along the frontage of Cypress Road along the "Commercial
Area - Not a Part" property noted on the Vesting Tentative Map in the
location approximately shown on County Drawing E8174-89 sheet 3 of
8. These improvements shall also include undergrounding of utility
distribution facilities and installation of street lights.
C. On-site Road Improvements:
1) Construct curb, 4-foot 6-inch sidewalk (width measured from curb face),
necessary longitudinal and transverse drainage and 32-feet of pavement
along all interior streets in this subdivision to County public road
standards. The curb face shall be located 10-feet from the widened
right of way line.
D. Road Dedications:
1) Relinquish abutter's rights of access along State Highway 4 with the
exception of the one access shown at the commercial area. Left turns
shall be prohibited to and from the site along State Highway 4.
2) Relinquish abutter's rights of access along Cypress Road with the
exception of the north/south turns shall be prohibited to and from the
site along Cypress Road.
E. Street Lights:
1) Install street lights on Cypress Road, State Highway 4, Almondtree Lane
and the interior public streets in this subdivision. The final number and
location of the lights shall be determined by the Pubic Works Depart-
ment, Road Engineering Division.
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2} Annex this property' including the "Commercial Area ' Not a Part"
property shown on the Vesting Tentative Map, to County Service Area
L'10Ofor maintenance ofstreet lights prior tofiling of the Final Map.
F.
1 . Prior to filing the final map, apply to the Public Works Department for
annexation tothe County Landscaping District AD1S78-3 <LL-2> for the
future maintenance of landscaping and irrigation facilities in median
islands and parkways.
2) Submit landscaping plans to the Public Works Department and pay the
plan review and field inspection fees. 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.
G. General Requirements:
1> Submitting improvement plans prepared by registered civil engineer,
payment of review and inspection faes, and security for all improve-
ments required
rnprova'nnentor8qui/ad by the Ordinance Coda or the conditions of approval for
this subdivision. These plans shall include any necessary traffic signage
and striping plans for review by the Public Works Department, Road
Engineering Division. Striping shall include 8 6-foot bicycle lane along
Cypress Road,
2> Furnish proof to the Public Works Department, Engineering Services
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Division, of the acquisition of all necessary rights of entry' permits
and/or easements for the construction of off-site, temporary or perma-
nent, road and drainage improvements.
orrna'nont. romUanddrainageirnpruvarnants.
3) Anencroachment permit for construction within the State right of way
mhoU be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
4> Prevent storm drainaga, originating on the property and conveyed in
concentrated rnennar' from draining across the sidewalks and drive-
ways.
` 5) Submit asketch plan tnthe 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 bescale 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 distance has been
provided.
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6) Undergrounding of all utility distribution facilities. This shall include
distribution facilities along the frontage of Cypress road, State Highway
4 and Almondtree Lane.
7) All acoustical walls shall be constructed as masonry or concrete walls
adequately designed structurally to meet Building Inspection require-
ments and designed acoustically based on ultimate road widening and
ultimate traffic subject to the review of the Zoning Administrator.
8) The applicant shall be required to pay the proposed East Contra Costa
Sub-regional Transportation fee for the Delta Expressway if it goes into
effect prior to issuance of building permits for development. The fee
shall have a maximum limit of $4,200 per residential unit for this project
which shall include the portion of the Oakley/North Brentwood Area of
Benefit fee designated for the Delta Expressway.
9) Provide for a bus pull-out and covered bus shelter on State Highway 4
at a location designated by the Tri-Delta Transit Authority, subject to the
review of the Public Works Department and CALTRANS, subject to the
review and approval of the Zoning Administrator.
10) Provide for adequate sight distance at the following intersections for the
specified design speed in accordance with CALTRANS standards:
a. State Highway 4 at Almondtree Lane and at Cypress Road for a
55 mile per hour design speed.
b. At the Cypress Road and Almondtree Lane intersections with the
north-south street through that subdivision in accordance with
CALTRANS standards for a 45 mile per hour design speed on
Cypress Road and a 35 mile per hour design speed on Almond-
tree Lane.
C. The major north-south route through this development shall be
designed to County public road standards and the inside of all
turns along this route shall be designed to provide site distance
for at least 35 mile per hour designed speed.
H. Drainage Improvements:
1) Collect and convey 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 in accordance with Division
914 of the Ordinance Code.
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2) Design and construct storm drainage facilities required bythe Ordinance
Code in compliance with specifications outlined in Division 914 and in
compliance with design standards Vfthe Public Works Department.
3) The applicant shall not discharge concentrated storm waters into
roadside ditches.
4) |notoU' within a dedicated drainage eoaannant' any portion of the
drainage system which conveys run-off from public streets.
5> This Subdivision shall install Line C of Drainage Area 30A' including the
outfall structure into the Marsh Creek channel, and discharge all of the
gtorrnvvaterenterinQ and originating within the subieot property to Lino
C of Drainage Area 30A. The improvement plans for Lima C shall be
subject to the review of the Flood Control District.
8) Obtain Flood control Permit from the Application and Permit Center for
any work within Marsh Creek.
29. Applicant shall construct good neighbor style fences, acceptable in design by the
Zoning Administrator, along the rear property lines of all new lots. The commercial
area shall be separated by suitable and Side masonry wall from the residential lots
of this development.
OF at least 30 days PFiE)F Applieant shall eempiy with the paF!( dedieatien eFdinanee thFeugh payment ef fees.
` ig building peitmits feF this pFejeet. Landseaping
^' the r~'~ ~'~~ shall^ ~~ installed^ ^ PFieF ^~ ^'~~'', the develepment, ' The landseape,
hall
__---- -_ -'-'- 'iR - —Ag that the ,_' ___--,'.° has been ~.~,~.., ..~.~..~~�
_feF F__-' ,___- ._' ---_ #77,' ' . -. '4 1 #494-7
30' Prior to the issuance of building permits, the applicant shall submit a detailed TDM Plan
for review and approval by the Zoning Administrator (unless otherwise required by
7-[>K8 [)ndinance). The approved TDIVI Plan shall be operative prior tofinal inspection
by the Building Inspection Department.
31. The Redevelopment Agency and developer agree to negotiate a mutually satisfactory
program for the inclusion of 12 moderate income units. Any such program shall be in
place prior tothe recordation of the Final Map.
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ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT
ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE PROVIDED
FOR THE PURPOSE OF INFORMING THE APPLICANT OS ADDITIONAL ORDINANCE
REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT.
A. The project lies within the 100-year flood boundary as designated on the Federal
Emergency Management Agency 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 Oakley/North 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 30A as adopted by the Board of Supervisors.
F. The applicant shall be required to comply with all rules, regulations, and procedures of
the National Pollutant Discharge Elimination System (NPDES) for municipal, construc-
tion and industrial activities as promulgated by the California State Water Resources
Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay-
Region 11 or Central Valley - Region V).
G. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
H. Comply with the requirements of the Ironhouse Sanitary District.
I. Comply with the requirements of the Health Services Department, Environmental
Health Division.
J. Comply with the requirements of the Liberty Union High School District.
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K. The applicant will be no0uinad to pay anenvironmental review fee of $1'250 for the
Department ofFish &' Game atthe end ofthe appeal period. Failure todomowill result
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in fines. In addition, the approval imnot final or vested until the fee iapaid. /\ check
for this fee oheU be submitted to Contra Costa County for submittal with the final
environmental documents.
L. The applicant is advised that the tax for the police services district is currently met by
,the Board of Supervisors at $200 per' parcel annually (with appropriate future
Consumer Price Index [CP1] adbuatnnehts>' The annual fee is subject tomodification by
the Board of Supervisors in the future' The currant fee for ho/ding the election in $GOO
and is also subject to modification in the future. The applicable tax and fee amounts
will be those established by the Board at the time of voting. The applicant is advised
that the election process takes from 3to4months and must be completed prior to
recording-the Final or Parcel Map.
M. This project iasubject tothe development fees in effect under County Ordinance as
of August 17. 1983' the data the vesting tentative map 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 any not limited tothe following: '
Park Dedication 0 ,350.00 per residence.
An estimate of the fee charges for each approved lot may be obtained by contact the
Building Inspection Department at 646-4982.
N. Pursuant to Section 66452.6(g) of the Subdivision K4ep
act, the rights conferred bythe vesting tentative map as provided by Chapter 4.5 of
the Subdivision Map act shall last for an initial period of two (2) years following the
recording date of the final/parcel map. These rights pertain todevelopment fees and
regulations. Where several final maps are recorded on various phases of project
covered by single vesting tentative rnop, the initial time period shall begin for each
phase when the final map for that phase is recorded.
Atany time prior tmthe expiration of the initial time period, the subdivider may apply
for aonUnn
�'yeerextenaion� The �pp|ioationsh� beac�opaniedbytheapp|ivab|efi|ing
fee. If the extension is denied by an advisory agency, the subdivider may appeal that
denial tothe Board of Supervisors by filing a letter of appeal with the appropriate filing
fee with the Clerk of the Board within 15 calendar days.
The initial time period may also be subject to eutonnodo extension pursuant to other
provisions of Section 66452.6(g) relating to processing of related development
applications by the County.
Atthe expiration nfthevestingdmne period, remaining development (ie. new building
permits) within the subdivision shall be subject to development fees and regulations
ineffect atthat time.
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Q. The appliearrc is-advised that the ta•, fO• the peliee seFVmees diStF1et edffently set v=
cr-ensuFneF-PF;ee Index [GPII adjustmeFlts1—T?e anRual fee is subjeet tofamedFfieatierrvp
;mon the fUtHFe. The eUFFent feefef holding theeaeetio^ is
WWII be these established by the BeaFd at the tome ef veting. The appleeant is advi
that the pf-eess takes fFeFn 3 te 4 menths and must be eempleted PF68F te
AMB/AB/aa
RZXVII I/3003-RZC.AMB
3/29/94
4/20/94
5/2/94 - EC (a)
Agenda Items/ 4- 3
Community Development Contra Costa County
EAST COUNTY REGIONAL PLANNING COMMISSION
MONDAY, May 2, 1994 - 7:00 P.M.
I. INTRODUCTION
HOFMANN COMPANY (Applicant) - KENNETH & MARTHA HOFMANN (Owners),
County File #3003-RZ: The applicant requests approval to rezone approximately 12.1
acres from Retail Business (R-B) to Planned Unit Development (P-1) on 10.7 acres of
land. The remaining 1 .40 acres of land are to remain zoned Retail Business (RB).
HOFMANN COMPANY (Applicant) - KENNETH & MARTHA HOFMANN (Owners),
County File #3007-93: The applicant requests approval of a development plan to
.construct up to 80 single family homes on 10.7 acres and a public park.
SUBDIVISION 7837: (Applicant: Hofmann Company) (Owners: Kenneth & Martha
Hofmann): The applicant requests approval of a vesting tentative map to divide
approximately 12.1 acres into 80 B.T.lots with a designated remainder and public park
area. The 80 lots are proposed for single family development and vary in size from
3,613 square feet to 7,340 square feet and would occur on 10.7 acres. The
remaining parcel, 1 .40 acres in size, will accommodate a future commercial
development.
Subject site is located at the southwest corner of State Highway 4 and West Cypress
Road in the Oakley area. (R-B) (ZA: H-25) (CT. 3020.02) (Parcel #035-262-003).
II. RECOMMENDATION
Staff recommends that the East County Regional Planning Commission adopt a
resolution recommending that the Board of Supervisors approve 3003-RZ and final
development plan 3007-93..
Staff further recommends that the East County Regional Planning Commission approve
SUB 7837, subject to the attached conditions of approval and the approval.by the
Board of Supervisors of the rezoning and the final development plan.
Ill. GENERAL INFORMATION
A. General Plan:
Gemm^'^i""GO). A General Plan Amendment application (County File #6-93-
EC) to change the General Plan from Commercial to a split designation of
Commercial 0 .40 acres)and multiple family residential-low density (10.7 acres)
w.a s:: ro re:d ;by;. h Board;::;of:Supervisors:;or A;pr l>79; 7;9;9;4:
f . ..... ...P..
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B. Present zoning - Retail-Business (R-B).
Proposed zoning ' Planned Unit District (P'1) and Retail Business (R-
B).
C. A Negative Declaration of Environmental Significance was
posted onSeptember 28. 1993for County File #3003-RZ' 3007~93 and SUB
7837 as well as for the General Fqon amendment (#6-93'EC)' Mitigation
measures have been agreed with the applicant and owner as set forth on pages
3 W' 6 of the initial study,
D. County File #2551'RZwas approved by the Board of
Supervisors on August 30' 1983. The Board approved rezoning from General
Agriculture (A-2) district to Retail Business <R-B> district.
|V. AGENCY COMMENTS
A. C)K8AC is recommending denial of the
General Plan Amendment and rezoning. OMAC'a cqnnrnants regarding the
design of the subdivision are attached if the GPA and rezoning are approved.
B. Redevelopment Agency: Atleast 1596ofthe units shall b8made affordable tm
persons of low and moderate income. See attached memorandum.
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C. East Bay Regional Park District: Provide for extension of the Delta DaAnzo
Regional Trail along Cypress Street.
D. Study S-15173 prepared for the project
site identified no archaeological resources. Further study for archaeological
resources iGnot recommended.
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E : Developer will be required to contribute
their fair share coat toward construction of o second school facility (see '
attached letter).
F. No comments.
G. All abandoned
wells and septic tanks must be destroyed under permit through their division
' prior to any building.
H. Requires preliminary soils report, grading plans
and application for grading permit.
|_ Oakley Water District: Will provide water service providing all the district's
regulations and specifications are met.
J. W1m. Silveira and Jack & Julie Linder (see
attached letters).
3
K. Riverview Fire Protection District: See attached letter.
.L. Letter from applicant dealing with child care needs (original done for 84 lot
proposal).
V. SITE DESCRIPTION
The site is 12.1 acres and is bounded on the north by West Cypress Road and east by
Highway 4. The site is mostly flat with no vegetation except for annual grasses and
forbs.
VI. AREA DESCRIPTION
Adjacent land uses, across Cypress Road, include a single family home and a
mobilehome park.. To the immediate west of the subject property is a single family
development. Lots in the neighboring development (SUB 6356 - Almondtree) vary in
size from 3,600 sq. ft. to about 6,000 sq. ft. Across Highway 4, to the northeast, is
a hardware store and to the southeast is a gas and convenience market. The land to
the south of the subject site is vacant.
VII. PROJECT DESCRIPTION
fFem GeFnFneFeffial te a split designation ef GemmeFeial (1 .40 aeFes) and multiple faw,4y
Fe6dential low density (10.7 aeFes�-.
The applicant seeks approval of a vesting tentative map to divide 12.1 acres into 81
lots with a remainder. A total of 80 lots are proposed for single family development
and vary in size from 3,613 sq. ft. to 7,340 sq. ft. on 10.7 acres. Average lot size is
4,125 sq. ft. The remaining parcel, 1.40 acres in size, will accommodate a future
commercial development.
The applicant's original proposal was to subdivide the 12.1 acres into 84 lots with a
designated remainder for commercial use. A substantial (nearly 75%) number of lots
proposed were quad lots. Since OMAC was opposed to the quad lot development
concept, the applicant redesigned the project with 81 lots, a park and a designated
remainder. The revised drawings were submitted on February 2, 1994.
VIII. PROJECT EVALUATION
The proposed residential development consists of 80 lots. The lots are generally 42'
wide and 90' deep. The applicant is proposing two floor plans-- a 4 bedroom, 2% bath
(1 ,858 sq. ft.) residence and a 3 bedroom, 2Yz bath (1 ,590 sq. ft.) residence. The
development plan proposes 2-story structures throughout the subdivision.
4
'
The proposed density for the development is 10.56unita/not acre and is within the
density range of the proposed General Plan for the area ' Multiple Family Residential-
Low Density (7.3 ' 11.9 units/net acre).
A4/J83 oq- ft' public park is proposed. The park will be maintained by the County
Lighting and Landscaping District. The park is centrally located and iaeasily accessible
to all residents.
The park shall be landscaped priortoobtaining building pemnba on Lots #76' #77'
#41448. The design shall be subject to review and approval of the Zoning
Administrator and the County Public Works Department.
Staff isrecommending that the units along Highway 4hova varied ronUinea. The
design of the structures shall be subject to review and approval of the Zoning
Administrator prior to issuance of building permits.
The design and layout of the house shall be subject to review of the Zoning
Administrator.
The R'8 zoning district standards shall be used as guide for this development:
A. Front setback shall be a minimum of 20' from property line.
' O. Rear setback shall be a minimum of 15' from property line. Lots #33' #34'
#47 and #55 may have a 10-foot setbackfrom Highway 4 frontage if rooflines
are varied.
C. Sideyord setbacks shall be a minimum of 5''0" with an aggregate aidayerd
setback of 10'-0", subject tuZoning Administrator review and approval some
units can have o3foot sid8yardprovided the aggregate oidgyardremains at1D
feet with e minimum space nf8feet between residences.
|X. ACOUSTICAL REPORT
An acoustical evaluation of the proposed project outlining mitigation measures has
been prepared by Brown-Buntin Associates, Inc.
Contra Costa County's General Plan Noise Element specifies a goal of GOdB CNEL as
the desired mnesirnurn exterior noise level for new residential developments. in
addition, on interior noise level of 45 d8 CNEL is applied to residential land uses.
According to the report' o 10" high solid barrier along Highway 4 and a G' high sound
barrier along Cypress Road is required to reduce the noise level to or below GO dB
CNEL According to the report' a typical facade design and construction reduces
interior noise leve/Uy 20 ' 25 dB. Noise rqduCtiun of 12 ' 15 d8 would be expected
with vvindVvva partially open. Standard construction practices are expected to naau/t
in interior noise levels of 45 dB CNEL, provided that windows are in closed position.
Mechanical ventilation vvnVN be required in all residences inside the 60 dB CNEL
5
contours. The acoustical evaluation also requires a detailed analyses of interior noise
levels for two story dwellings when construction details and floor plans are completed.
This study needs to be reviewed and approved by the Zoning Administrator prior to
issuance of building permits for two story buildings.
X. CHILD CARE
The applicant has submitted a child care demand study to the County Demographer.
Approved mitigation measures will be finalized prior to final map being filed.
XI.. FINDINGS FOR APPROVAL
Staff finds the following:
A. Rezoning: (Article 26-2.1806)
1 . The change proposed will substantially comply with the General Plan 4
2. The uses proposed in the land use district (P-1) are compatible within
the district and to uses authorized in adjacent districts.
B. Final Development Plan: (Article 84-66.1406)
1. The applicant intends to start construction within 2'/2 years from
effective date of zoning change and plan approval.
2. The proposed planned unit development is consistent with the County
General Plan.
3. The development as conditioned will constitute a residential environment
of sustained desirability and. stability, and will be in harmony with the
character of the surrounding neighborhood and community.
4. The development of a harmonious integrated plan justifies exceptions
from the normal application of this code.
XII. ROAD AND DRAINAGE CONSIDERATIONS
The attached conditions of approval, based on the March 28, 1994 Tentative Map as
modified by your March 17, 1994 layout showing two cul-de-sacs with an emergency
vehicle access (EVA) connection include road and drainage requirements. The
applicant should be fully aware of the County Subdivision Ordinance Code require-
ments as they pertain to this development.
6
Line A of Drainage 30A does not have additional capacity to serve this property. The
applicant will be required to collect.and convey all of the stormwater from this
development and discharge it to Line c of Drainage Area 30A. Subdivision 6356 to the
west was approved with a requirement to collect and convey stormwater discharge
to both Line A and Line C of Drainage Area 30A and instead designed their improve-
ments to discharge all to Line A of that drainage area.
The applicant has previously contributed toward the Oakley/North Brentwood Area of
Benefit for the development of this property. However, the land use and intensity of
development has changed. The applicant should work with the Public Works
Department,Transportation Engineering Division,to determine the remaining obligation
to the Oakley/North Brentwood Area of Benefit, if any.
This development's access requires a raised median island along the Cypress Road
frontage of this property. Because of the hard median island, the inside westbound
lane will need to be 14-feet wide with a 6-foot shoulder which will serve as a bicycle
lane for the Delta DeAnza Trail.
XIII. CONCLUSION
Staff is recommending approval to rezone approximately 12.1 acres from Retail
Business (R-B) to P-1 (Planned Unit District) on 10.7 acres of land with the remaining
1.4 acre of land to remain zoned Retail Business (R-B). Staff is recommending
approval of the subdivision into 80 0j. lots with a designated remainder. and-a-publie
-staff,
then staff is Feeemmending appFeval of the SID fGF 81 lots with a desigRa
AMB/AB/aa
SUBXV/7837.AMB
3/29/94
4/20/94
Oakley Municipal :,c viso'ry Council
0. $o: Oakley, California 94681
February 16 , 1994
DATE:
TO: Harvey Bragdon, Community Development Director
Attn: Dennis- Barry, Current' Planning
Stan Planchon, East County Regional Planning
Commission (Oakley Representative)
Chairman, East County Regional Planning Commission
FILE NO. : 7837
APPLICANT: Hofmann Company
OWNER: Kenneth and Martha Hofmann
The Oakley Municipal Advisory Council considered the
above-referenced application on _ February 14', 1994
and offers the following recommendation:
RECOMMENDATION:
X APPROVE DENY NO COMMENT
VOTE: 5 in Favor , 1 Abstention
CONCERNS, COMMENTS, AND CONDITIONS:
1 . The Oakley Municipal Advisory Council reaffirms its
recommendation from its June 14 , 1993 meeting to deny
tho- request for rezoning of this parcel and its comments
relating thereto in its August 26 , 1993 recommendation,
2 . If the General Plan Amendment and rezoning application
are granted , OMAC makes the following recommendations
regarding the applicant ' s revised site plans.:
_ a) The density be reduced from 81 lots to 80 lots
by removing Lot #54 ;
(Attachment x Yes No)
By:
Oakley Municipal Advisoik Council
Representative VICTORIA RYAN , Chair
cc: Supervisor Tom Torlakson
Applicant
OAKLEY MUNICIPAL ADVISORY COUNCIL
P.O. BOX 212 • OAKLEY, CA 94561
U.
Howard Hobbs
Enrico Cinquini
Arsenio Escudero
Spencer Hough
ATTACHMENT
Victoria Ryan
Heidi Mayer
Craig Williams
Aaron Meadows
Lenny Byer
February 16 , 1994
File No. 7837
b) The proposed tot lot be installed and
constructed by the developer per the plans to mitigate
the lack of community space but that no land .dedication
or park fees. be credited for the construction and use of
this tot . lot ;
c. ) The proposed masonry wall and landscaping
be installed as per the plans . The proposed masonry
wall was chosen after discussion with and approval by
the Oakley Municipal Advisory Council ;
d ) OMAC ' s Standard Conditions of Approval for
the Community of Oakley are incorporated into this
recommendation and attached hereto .
OAKLEY MUNICIPAL ADVISORY COUNCIL
STANDARD CONDITIONS OF APPROVAL
1. Masonry fences required on all major thoroughfares.
Secondary street fences are required to have pillars
every eight feet. All side and rear fences to have
steel posts every 161 .
2. Frontyard landscaping to be provided on all
developments. All plantings will be drought tolerant.
3. Main thoroughfares will be landscaped with
drought-tolerant plants. All areas less than 41 width
will be filled with baumite. Where feasible,
meandering sidewalks will be provided.
4. All developments over 10 acres will be required to
donate land for park development; in lieu of land or
for developments under 10 acres, park dedication fees
are required for each unit. Subdivisions developing
next to each other will be required to dedicate park
land such that it can be combined.
5. All roof material will be fire-retardent.
6. Oak Trees - all existing oak trees will be preserved.
7. Twenty-five (25%) of the lots will have side access for
RV parking.
8. Bike lanes should be provided as. outlined in the Oakley
Parks Master Plan.
9. All subdivisions will be required to join the
applicable service districts.
10 . Gas wells - follow state guidelines.
11 . Signs advertising developments will not be placed in
the road right-of-way. Signs placed on private
property must have a written agreement with the
property owner.
12. Work hours will not commence before 7:00 a.m. or exceed
5:00 p.m. Monday thorugh Fridays. Saturday hours will
be from 8:00 -a.m. through 5;00 p.m. No work on Sundays
or holidays.
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
DATE: February 7, 1994
TO: Aruna Bhat
FROM: Elizabeth Dunn
SUBJECT: AB 315 Requirements for Subdivision 7837
Section 33413(b)(2)(A) of the California Redevelopment Law states that all new or
rehabilitated dwelling units developed within the project area by entities other the
the Redevelopment Agency are to make 15% of the units affordable to persons of low
and moderate income. Additionally, persons of very low incomes are to included, as
40% of the 15% of the units are meant to house people of low and moderate income.
These requirements apply to Subdivision 7837 and will be made a Condition of
Approval.
Since 81 units are to be built within the Oakley Redevelopment Project Area, 12 units
are reserved for low and moderate income families or persons. Five of the twelve
units are intended for very low income families or persons. The affordability of the
units shall run for a minimum of 30 years as indicated in Section 33413(C).
Very low income families are those households that fall below 50% of the area median.
The income requirements area adjusted for family size. The following incomes are
based upon a family of four. For example, the median income for a family in Contra
Costa County is $52,4000, while the income restriction for a very low income
household is $26,200. No more than 30% of $26,2000 should be spent for housing.
Low income households, those whose income falls between 50% - 80% of area median,
are not to spend more than 30%of $39,700 on housing. Moderate income households,
with incomes between 80% - 120% of the area median, shall restrict housing costs to
30% of $62,900.
The Conditions of Approval will have language that addresses the income restrictions
that are based upon family size., Similar COA's will be forwarded to you so that the
developer can anticipate these provisions.
a:\edl sub7837.mem
Land Planning Consultants INC:.'', ;
239 MAIN STREET, SUITE E ■ PLEASANTON, CA 94566, ■ (.510)846-7007 ■ FAX:(510)84'6'3314
March 24, 1994 i l G=PT
Ms. Catherine Kutsuris
Contra Costa County
Community Development Department
651 Pine Street
4th Floor North Wing
Martinez, California 94553-1229
Re: 3003-RZ/Sub 7837
Dear Ms. Kutsuris:
In regard to this project we are providing an updated reply on behalf of the Liberty Union
High School District. The District currently operates one high school facility, Liberty High
School, and is located at 850 Second Street in Brentwood. The District also operates a
continuation school located at 6651 Lone Tree Way. The School District is experiencing
significant student enrollment growth. The State Office of Local Assistance projects future
enrollments will exceed 2,500 students by enrollment year 1995-96. The District has installed
nine additional portable classrooms to increase capacity to house the 1993-94 student
enrollment. It is projected that the existing campus can only accommodate an additional
nine portable classrooms. The maximum capacity of Liberty High School, after the addition
of these eighteen portable classrooms, will be 2,532 students.
The long term solution to the increasing student growth is to build a second facility, master
planned to accommodate 2,200 students on District property located at the corner of O'Hara
Avenue and Neroly Road. The District is currently planning the construction of this facility
although it does not have a confirmed funding source for construction other then Developer
Impact Fees collected on new residential construction. These fees are not sufficient, nor
timely, to construct the new facility.
The District has been negotiating with the residential development community and local
planning agencies to secure a comprehensive agreement to fund a new school.
On December 8, 1993, at a special board meeting, the District Board of Trustees decided
to pursue a General Obligation Bond measure for the April 12, 1994 election for the
construction funding of the first phase of the new high school. Should the General
Serving Public Agencies
C. Kutsuris
March 24, 1994
Page two
Obligation Bond be approved, the District and local developers have a tentative mitigation
agreement to fund the remaining phase of the new high school. This reply is based on the
aforementioned condition remaining in effect pending the outcome of the April 12, 1994,
General Obligation Bond Election.
We request, that as a condition of approval, you require the developer of this project to
secure a "will serve" letter from the school district prior to recording a final map.
Should you have any questions,-please do not hesitate to contact our office.
Sincerely,
XTuhart
LN:rlm
cc: Phil White
KUTSIJRIS.LTR
Land Planning Consultants INS.
239 MAIN STREET, SUITE E ■ PLEA SANTON, CA 94566, ■ (510)846-7007 ■ FAX:(510)846-5314
March 25, 1993
Catherine Kutsuris
Contra Costa County
Community Development Department
651 Pine Street, 4th Floor
Martinez, CA 94553-0095
Re: County file #3003-RZ/SUB 7837
Hofmann Company
Dear Ms. Kutsuris:
On behalf of the Liberty Union High School District we are. providing our response as to the
referenced project. The High School District encompasses the eastern portion of Contra Costa
County and serves students from the Byron, Knightsen, Oakley, and Brentwood School Districts.
The High School District currently operates one facility for general education programs for
grades 9-12 in the City of Brentwood. The district has two smaller facilities which operate as
Alternative and Continuation Education programs. The enrollment at the general education
school facility for the 1992-93 school year is 1,885 students. This facility was recently
expanded to accommodate up to 2,078 students. This was made possible from a General
Obligation Bond Measure passed in 1988. The bond measure also allowed the district to
purchase land as their second future school site.
The high school students generated from the proposed development would attend the high school
in Brentwood until the second school facility is constructed. Based on a Student Generation
Factor (used by school districts to estimate the number of students generated from residential
development) approximately 16 high school students will be added to the district's enrollment.
Liberty Union High School District has completed and filed with Contra Costa County its School
Facilities Status for the Purpose of Full Mitigation report. The report contains information on
the condition of the school, current and estimated enrollment, optimum and emergency capacity
and a budget for the new school site. The District projects enrollments to exceed district wide
capacity by 1994/95 school year.
Serving Public Agencies
March 25, 1993
Ms. Catherine Kutsuris
Page Two
The second school site will be located at the comer of Neroiy Road and O'Hara Avenue in
Oakley., The school is designed to have a student capacity of 2,200 students. It's unclear when
the school will be constructed due to lack of available funding to the School District.
The District shares Developer Impact Fees collected on residential development with other feeder
elementary school districts. These fees do not meet the cost for construction of the second
school facility. The District has applied for Phase I and Phase 11 funding with the State.
Approximately$400,000 has been released to the District for Phase II which entailed engineering
and architectural plans of the facility. It is uncertain when and if additional funding will be
available from the State. The District, in conjunction with local developers are conducting a
survey to determine if a General Obligation Bond Measure would be favorable to local voters.
The General Obligation Bond will assist the District in construction of the second school. Based
on the results of the survey, it will be decided if a General Obligation Bond Measure would be
successful in gaining voter approval.
All residential development built within the district's boundaries will have an impact on the
District by generating new high school students. In order for Liberty Union High School
District to provide facilities necessary to adequately serve these students, all residential
development should be conditioned to pay a fair share cost.
Consequently, this development as well as other developments should be required to contribute
their fair share cost toward construction of the second school facility.
Sincerely,
)KM-jiymberlWood
cc: Phil White
Liberty Union High School District
C. J
OCT8 4763 Main St.
Ply p. S� Oakley,' 99
CA 94561
Oct.O
Ms Aruna Bhat VE�Qr:• ,
Contra Costa County rDEPT
Community Development Department
651 Pine. St. 4th Floor/North Wing
Martinez, CA 94553
Dear Ms Bhat;
This letter is in regard to the Notice of Intent to Adopt
. a Negative Declaration, dated Sept. 28, 1993, in reference to
APN: 035-262-003 and APN: 035-193-001 . The properties are
located in the Oakley area at the West Cypress Rd. and Highway
4 intersection and just south of Almond Tree Ln. on the west
side of Highway 4 respectively.
I own the property immediately to the south of APN:
035-493-001 on the west side of Highway 4 . This piece of
property has been in my family for four generations. Over the
years I have watched as my family home has gone from .a somewhat
isolated, private, and quiet refuge to a noisy, congested area.
The neighboring development, built by the Hofmann Company is
full of small, cheaply made homes on small lots. It has turned
into a rental community with many of the homes and yards becoming
unkempt and shabby. I don't wish to see more of the same,
thereby reducing my property value even more The county document
states that the proposed development will be consistent with
the. development to the west of it. I believe the proposed
development should be consistent with the zoning to the south
of it which is 6 to 8 houses per acre not 8 to 10 as the Hofmann
Company requests . Of course 8 to 10 is more profitable for
Hofmann but is not in the best interest for Oakley.
I believe the 1 .1 acre parcel south of Almond Tree Ln.
designated APN: 035-262-003 should be re-zoned from commercial
to . single family detached homes. The logical location for
any commercial development is at the intersection of W. Cypress
and Highway 4 where traffic can negotiate easily and safely.
- Almond Tree Ln. is a residential street with only one access
to a main thoroughfare, Highway 4 , where there is no stop light
and it is impossible to turn left. There is not a market for
office space in Oakley as is evidenced by all the empty- office
space is this area. My fear is that retail businesses, such
as convenience stores, bars, or video stores will move in and
the late night noise, lights and trash will become unbearable.
I recommend single family, single story homes on that strip
with a sound wall behind them so that the extreme noise level
I am already subjected to, will not be increased.
Thank you for considering my needs and point of view. Please
keep me abreast of any new information on this and surrounding
properties.
Sincerely yours,
Vivian Silveira
( 51 0 ) 625-2052
cc: Mr. Matt Tomas, C.C.C. Community Development Dept.
Supervisor Tom torlakson, Dist. 5
David Lennon, V.P. Hofmann Company
COS
4775 Main St.
Oakley, CA 94561
Oct. 11 , 1993
DIEV6
Ms. Aruna Bhat �4�0 rl-,11
Contra Costa County
Community Development Depart.
.651 Pine St. 4th Floor/North Wing
Martinez, CA 94553
Dear Ms. Bhat;
This letter is in regard to the Notice of Intent to Adopt
a Negative Declaration, dated Sept. 28, 1993, in reference to
APN: 035-262-003 and APN: 035•=1 LO01 . The properties are
located in the Oakley area at the West Cypress Rd. and Highway
4 intersection and just south of Almond Tree Ln. on the west
side of Highway 4 respectively.
We live on the property immediately to the south of APN:
035-493-001 on the west side of Highway 4. This piece of
property has been in our family for four generations. Over
the years we have watched as our family home has gone from a
somewhat isolated, private, and quiet refuge to a noisy,
congested area. The neighboring development, built by the Hofman
Company
mpany is full of small, cheaply made homes on small lots.
It has turned into a rental community with many of .the homes
and yards becoming unkempt and shabby. We don 't wish to see
more of the same, thereby reducing our property value even more
The county document states that the proposed development will
be consistent with the development to the west of it. We
believe the proposed development should be consistent with the
zoning to the south of it which is 6 to 8 houses per acre not
8 to 10 as the Hofman Company requests. of course 8 to 10 is
more profitable for Hofman but is not in the best interest for
Oakley.
We believe the 1 . 1 acre parcel south of Almond Tree Ln.
designated APN: 035-262-003 should be re-zoned from commercial
to single family detached homes. The logical location for
any commercial development is at the intersection of W. Cypress,
and Highway 4 where traffic can negotiate easily and
safely.Almond Tree Ln. is a residential street with only one
access to a main thoroughfare, Highway 4 , where there is no
stop light and it is impossible to turn left. There is not
a market for office space in Oakley as is evidenced by all the
empty office space is this area. Our fear is that retail
-businesses, such as convenience stores, bars, or video stores
will move in and the late night noise, lights and trash will
become unbearable. We recommend single family, single story
homes on that strip with a sound wall behind them so that the
extreme noise level we are already subjected to, will not be
increased.
Thank you for considering our needs and point of view.
Please keep us abreast of any new information on this and
surrounding properties .
Sincerely yours,
Jack and Julie Linder
( 510) 625-3056
cc: Mr. Matt Tomas, C.C.C. Community Development Dept.
Supervisor Tom Torlakson, Dist. 5
David Lennon, V.P. , Hofman Co.
i
iervie�v
FIRE PROTECTION DISTRICT
April 16 J-99.3:
Y n Fire Commissioners:
Chief
1.i�driCosta County ROBERT RALDRIDGE
ie
HORACE A.ENEA
SIG LANSTROM
Community Development Department f 808 LEWIS
651 Pine Street, North Wing-Fourth Floor ELIZABETH NCS ULT
EDWARD SPEENCER,Jr.
Martinez, CA 94553-0095 JOE TOVAR,Jr.
ATTN: Aruna Bhat
SUBJECT: Subdivision 7837
Oakley, CA
Dear Ms. Bhat:
We have reviewed the Development Plan application dated March 9, 1993, for the subject project. The
development is to consist of the construction of 86 single-family homes and the future development of
a 1.1 acre commercial site. This project is subject to fire and life safety requirements of the Uniform
Fire Code, as adopted by Contra Costa County Ordinance 89-71, and the applicable provisions of the
California State Fire Marshal's regulations. If this project is approved, we request that the following
Uniform Fire Code and State Fire Marshal requirements be included as Conditions of Approval:
SPECIFIC CONDITIONS:
1. The developer shall provide an adequate and reliable water supply for fire protection with
a minimum fire flow of 1,000 GPM. Required fire flow shall be delivered from not
more than one(1)hydrant(s) flowing simultaneously while maintaining 20 pounds residual
pressure in the main. [10.503 UFC]
2. The developer shall provide fire hydrants of the East Bay type, as specified by the Fire
District and City Engineering Department. Location of hydrants will be determined by
the Fire District upon submittal of two (2) copies of a final map or improvement
plans. [10.402 UFC]
STANDARD CONDITIONS:
3. Fire hydrants shall be installed, in service and capable of delivering the required fire
flow prior to issuance of building permits for combustible construction. Water supply
shall be provided via public water mains approved and accepted by the Oakley Water
District. [10.402 UFC]
4. The developer shall provide access roadways with all-weather driving surfaces of not less
than 20 feet of unobstructed width, and not less than 13'-6" of vertical clearance, to
within 150 feet of all portions of the exterior walls of every building. Access roads shall
not exceed 16% grade, and shall have a minimum outside turning radius of 45 feet, and
must be engineered to support the impose loads of fire apparatus (30 tons maximum).
[10.203 & 10.204 UFC]
NOTE: The "quad lot driveways" do not appear to meet this requirement.
5. Dead-end fire department access roads in excess of 150 feet long shall be provided with
approved provisions for the turning around of fire department apparatus.
[10.204(d) UFC]
1500 WEST FOURTH STREET—ANTIOCH,CALIFORNIA 94509-1090—TELEPHONE(510)'757-1303—FAX(510)754-8852
Contra Costa County
Community Development L.,Jartment
5302100.PD
April 16, 1993
Page 2
6. Access roads meeting the following requirements shall be provided prior to beginning any
combustible construction:
a. Access roads shall be those roads which are shown on improvement plans approved
by the Contra Costa County Public Works Department.
b. Surface shall be roadbase capable of supporting fire apparatus (20 tons).
C. Curb and gutter shall be installed.
d. Roads shall front the structure they provide access to.
e. The roads shall be directly accessible from an approved public street.
7. The developer shall provide illuminated addressing located on all houses and buildings
in such a manner as to be plainly visible and legible from the street or road fronting the
property. [10.301 UFC]
8. The developer shall submit two (2) sets of Improvement Plans to the Fire District for
review and comment prior to construction. [2.202(b) UFC]
9. Prior to obtaining building permits for construction of any commercial buildings, the
developer shall submit two (2) complete sets of plans and specifications of commercial
construction, including any required built-in fire protection system, to the Fire District
for review and approval to insure compliance with minimum requirements related to fire
and life safety. [2.202(b) UFC]
10. The developer shall be required to contribute Fire Facility Fees to mitigate operational
costs associated with increased service demands throughout the Fire District. Fire
Facility Fees are currently set at the rate of$480 per individual residential dwelling unit
and $0.10 per square foot of commercial development.
The developer shall pay all required Fire Facility Fees prior to the issuance of any
building permit.
11. The developer shall comply with all applicable requirements of the Uniform Fire Code
and the adopted policies oil the Oak-ley Fire Protection District. {1.103 UFC]
These conditions are intended to ensure that the project will be in general compliance with applicable
fire codes and regulations enforced by the Oakley Fire Protection District. Review of subsequent plan
submittals, required above, may result in additional requirements. Projects beginning construction more
than one (1) year from approval may be subject to additional requirements. It is requested that a copy
of the Conditions of Approval for this project be forwarded to our office when complied and adopted
by your agency.
If you have any questions regarding this review, please contact the undersigned at (510) 757-1303 Ext.
23 between the hours of 8:00 - 9:00 a.m. and 4:00 - 5:00 p.m. (Monday through Friday).
Sincerely,
JOAR OVire.. ri �r7� '( &
_i4W P. M hief
By: i 6el pector
JT:KPM:ps cCARTHY
pc: The Hofmann Co./David Lennon
S302100PD00
BUILDERS AN'(b,',;-,,,PEVEL0PERS
76H
1 1 17 Ofmann
COMPANY 1380 GALAXY WAY P.O. BOX 907 Qosq-�NCORD, CA 94522
(510) 68'148f
,0-1 FAX(510) 682-4771
7
10/f ?..00
FST�EpT
September 16, 1993
Aruna Bhat, Planner
Community Development Dept.
Contra Costa County
651 Pine St., North Wing
Martinez, CA 94553-0095
Dear Ms. Bhat:
Re: Subdivision 7837--Childcare Needs Assessment
Per your request of September 16, 1993, the Hofmann Company hereby
submits the following assessment of childcare needs.
We will use the following information and assumptions provided by Contra
Costa County:
*Childcare needs apply to children ages 0 to 12.
*Each household generates 0.34 children ages 0 to 4.
*Each household generates 0.49 children ages 5 to 12.
*For families with children ages 0 to 5, 58% will have two working parents.
*For families with children ages 6 to 12, 727o will have two working parents.
*507o of those children needing childcare will receive care from friends and
relatives.
Applying the above numbers to our 84 unit development yields the following
childcare needs:
Children 0 to 4
84 units X 0.34 children/unit X 0.58 working parents X 0.50 needing outside
care = 8.28 children needing childcare.
However, 507o of these children will be taken care of at the parents'
workplace, so our projects' impact = 0.50 X 8.28 = 4.14
Children 5 to 12
84 units X 0.49 children/unit X 0.72 working parents X 0.50 needing outside
care = 14.82 children needing childcare.
Therefore, for this development there would be approximately 19 children
needing outside childcare.
I have discussed the childcare requirements with Linda Moulton, who
indicated that an assessment is all that is currently required. She stated that
childcare mitigation measures will be formulated prior to approval of the
final map, and that their formulation at the present time would be
premature.
Sincerely,
THE HOFMANN COMPANY
Dan Boatwright
MAXIMUM PRICE OF A HOME
AFFORDABLE FOR A HOUSEHOLD AT 80%
OF MEDIAN AREA INCOME
Jan-9-4
MEDIAN INCOME $36,680 $41.920 $47,160 $62400 $66,680 $66,960 $62230 $66,600
80%OF MEDIAN $29.340 $33.640 $37.730 $41,920 $44.60 $47,160 $49.780 $62400
FAMILY SIZE 1 2 3 4 6 6 7 a
INTEREST RATE 6% $112604 $132300 $162000 $171,800 $164.100 $196,600 $208,800 $221.100
7% $103,200 $121,400 $139,600 $167.600 $168,900 $180.200 $191,600 $202900
7.5% $99,000 $116,400 $133,800 $161,100 $162000 $172500 $183,700 $194,600
6% $96,000 $111,700 $128,400 $145.100 $165,600 $165,900 $176,400 $186,800
9% $87,800 $103,3W $116,700 $134,100 $143,700 $163,400 $163.000 $17Z600
10% $61,600 $96,800 $110.100 $124,400 $133,300 $142.300 $151,200 $160,100
11% $76,800 $89,200 $102,600 $116,800 $124,100 $132400 $140,600 $149,100
12% $70.900 $83,300 $96,700 $108.200 $116,900 $123,700 $131,600 $139,300
13% $66,400 $78,100 $69,700 $101,400 $108.700 $*l 16,000 $123,200 $130-600
14% $62,400 $73,400 $84,400 $96,300 $102.200 $109,000 $116,900 $122700
16% $68,900 $69,200 $79,600 $89,900 $96,300 $102,800 $109.300 $116,700
16% $66,700 $66,600 $76,200 $86.000 $91.100 $97,200 $103,300 $109,400
ASSUMPTIONS
1.INCOME BASED ON U. S.DEPARTMENT OF HOUSING&URBAN DEVELOPMENT
PUBLISHED ESTIMATES OF MEDIAN INCOME,OAKLAND PMSA(ALAMEDA&CONTRA COSTA
COUNTY).
Z DOWN PAYMENT OF 20%
3.MONTHLY HOUSING EXPENSE COST OF 33%OF MONTHLY INCOME.
4.TAXES ARE CALCULATED AT 1.26%OF THE MARKET PRICE OF THE HOME. HOMEOWNERS
ASSOCIATION DUES ARE ESTIMATED AT$160 MONTHLY.
6.MORTGAGE INSTRUMENT IS A 30 YEAR FIXED RATE MORTGAGE.
6.APPROPRIATELY SIZED UNITS ARE AS FOLLOWS:
#PERSONS 1 2 3 4 6 OR MORE
UNIT SIZE STUDIO 1 BEDRM 2 BEDRM 3 BEDRM 4 BEDRM
K6/KH/HsgPr1
07
MAXIMUM PRICE OF A HOME
AFFORDABLE FOR A HOUSEHOLD AT 120%
OF MEDIAN AREA INCOME
Jan-94
MEDIAN INCOME $36,680 $41,920 $47,160 $62400 $66,660 $66,960 $62,230 $66,600
120%OF MEDIAN $44,020 $60,300 $66,690 $62,880 $66,820 $70,740 $74,680 $78,600
FAMILY SIZE 1 2 3 4 6 6 7 8
INTEREST RATE 6% $161,700 $211,200 $240,900 $270,600 $289,100 $307,600 $326,100 $344,600
7% $166,600 $193,800 $221,000 $248,100 $266,200 $282100 $299,100 $316,100
7.5% $169.800 $186,900 $211,900 $238,000 $264,300 $270,600 $286,900 $303,100
8% $153,400 $178,400 $203,600 $228,600 $244,200 $269,800 $275,400 $291.000
9% $141,8W $164,goo $188,000 $211,2oo $226,600 $240.1 oo $254,boo $269,000
10% $131,500 $163,000 $174,400 $196,900 $209,300 $222700 $236,100 $249,500
11% $122600 $142400 $162400 $182400 $194.900 $207,300 $219,800 $232.300
12% $114,400 $133,000 $161,700 $170,300 $182,000 $193,700 $206,300 $217,000
13% $107,200 $124,700 $142200 $169,700 $170,600 $181,600 $192,600 $203,400
14% $100,800 $117,200 $133,700 $160.100 $160,400 $170,700 $180,900 $191,200
16% $96,100 $110,600 $126,000 $141,600 $161,300 $160,900 $170,600 $180,300
16% $89,900 $104,600 $119,200 $133,800 $143,000 $162,200 $161,300 $170,600
ASSUMPTIONS
1.INCOME BASED ON U.S.DEPARTMENT OF HOUSING&URBAN DEVELOPMENT
PUBLISHED ESTIMATES OF MEDIAN INCOME,OAKLAND PMSA(ALAMEDA&CONTRA COSTA
COUNTY).
. 2-DOWN PAYMENT OF 20%
3,MONTHLY HOUSING EXPENSE COST OF 33%OF MONTHLY INCOME
4.TAXES ARE CALCULATED AT 1.26%OF THE MARKET PRICE OF THE HOME. HOMEOWNERS
ASSOCIATION DUES ARE ESTIMATED AT$150 MONTHLY.
6.MORTGAGE INSTRUMENT IS A 30 YEAR FIXED RATE MORTGAGE.
6.APPROPRIATELY SIZED UNITS ARE AS FOLLOWS:
#PERSONS 1 2 3 4 6 OR MORE
UNIT SIZE STUDIO 1 BEDRM 2 BEDRM 3 BEDRM 4 BEDRM
K6/KH/HsgPr1
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California Environmental tality Act
NOTICE OF
Completion of Environmental Impact Report
Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
851 PINE STREET NORTH WING-4TH FLOOR MARTINEZ, CALIFORNIA 94553-0095
Telephone: (510) 646-2035 Contact Person: Matt Tomas
The applicant requests approval of the following concurrent applications:
BOE GENERAL PLAN AMENDMENT (7-93-EC) - Soe & Company.Architects (Applicant), The
Customer Company (Owners). The applicant is seeking a general plan land use change for
about 1.75+ acres of land. County planning staff is enlarging the plan amendment area to
include properties which are just east of what will be the realigned Canal Road to create a
more logical planning area. The requested land use change would be from the County's
Multiple Family Residential, Medium Density land use designation to the Commercial
designation. The project also includes concurrent, site development application for a major
portion of the plan amendment area,which seeks approval of a new retail/gas pumping facility
to replace an existing facility of older construction and smaller size.
County File #3009 RZ - An application to rezone approximately 1.75+ acres from
Neighborhood Business (NB), Multiple Family Residential (M-29), Multiple Family Residential
(M-29) and Two Family (D-1) District to Planned Unit District (P-1). The applicant also
requests a variance from the minimum area requirement for a P-1 development (10 acres
required).
County File#DP 3012-93 -This is a development plan to construct a new 8,000 square foot
grocery store, with a triple island.gasoline canopy, to replace an existing 4,000 square foot
stare. t.
County File #LUP2045-93 - This is a land use permit to establish a take-out food facility in
an 8,000 square foot grocery store.
Project Location-The project is located on the west side of Bailey Road just north of Highway
4 at the Canal Road intersection in the Bay Point (formerly West Pittsburg) area.
The Environmental Impact Report or Justification for Negative Declaration is available for
review at the address below:
Contra Costa County Community Development Department
651 Pine Street, North Wing - Fourth Floor
Martinez, CA 94553-0095
Review Period for Environmental Impact Report or Negative Declaration: March 25, 1994
April 25, 1994
By
CP1tND8oe Commu ity Development Department Representative