HomeMy WebLinkAboutMINUTES - 05231995 - H7 . l�• 7
Contra
Costa
TO: BOARD OF SUPERVISORS Coin
J
FROM: Harvey E.. Bragdon CU
Director of Community Development
DATE: May 23, 1995
SUBJECT: Hearing on Rezoning application #3025-RZ and companion development
plan application #3009-95 to rezone approximately 1.8 acres of land
from Multiple Family Residential District (M-29) to Planned Unit
District (P-1) and to develop the property with 46 apartment units,
located in the Bay Point area of ' the County. Application filed by
Bridge Housing Corporation (Applicant) and Hertz Realty Inc. (Owners) .
... __ _-
SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Certify the Negative Declaration and accept the environmental
documentation prepared for these projects as adequate.
2 . Accept the findings of the East County Regional Planning
Commission as stated in Resolution No. 19-1995.
3 . Approve Rezoning application #3025-RZ and Development Plan
application #3009-95 as recommended by the East County Regional
Planning Commission as shown on the attached Conditions of
Approval marked "Exhibit All .
4. Introduce the ordinance giving effect to the aforesaid rezoning,
waive reading and set forth date for adoption of same.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 1, 1995, the East County Regional Planning Commission, after.
taking testimony, recommended that the Board of Supervisors approve
the Rezoning and Development Plan subject to the Conditions of
Approval and Findings attached.
CONTINUED ON ATTACHMENT: 7 _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDCO ITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON 1,9 APPROVED AS RECOMMENDED ><.- OTHERX,
i V 4-04, dd� sem
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
C 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.
Source: Aruna Bhat
646-4208
ATTESTED
Orig. Dept. Community Development PHIL OATCHELOR, CLERK OF
cc: Bridge Housing THE BOARD OF SUPERVISORS
Hertz Realty, Inc. AND COUNTY ADMINISTRATOR
.Public Works (M.Avalon)
AB9/Bri.bo
BY DEPUTY
ADDENDUM TO ITEM NO. H.7
MAY 23, 1995
Following the presentation of the report and recommendations of the Community
Development Department (copy attached and included as a part of this document), the
Chair convened the hearing on Rezoning Application #3025-RZ and Companion
Development Plan #3009-95 to rezone approximately 1.8 acres of land from Multiple
Family Residential District (M-29) to Planned Unit District (P-1) and to develop the
property with 46 apartment units, located in the Bay Point area of the County.
The hearing was opened and all persons desiring to speak were heard. The
hearing was closed.
IT IS BY THE BOARD ORDERED that the recommendations of the Community
Development Department set forth on the attached report are APPROVED
IT IS FURTHER ORDERED that Ordinance No. 95-29 giving effect to the
rezoning was INTRODUCED, reading waived, and June 6, 1995, is SET as the time for
adoption of same.
FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING 3025-RZ AND FINAL
DEVELOPMENT PLAN 3009-95
Findincis for Variance
A. The variance is not a grant of special privilege inconsistent with the limitations on
other properties in the vicinity and within the respective land use district in which the
subject property is located.
B. Special circumstances are applicable to the subject property because of its size,shape,
topography, location of surroundings, the strict application of the respective zoning
regulations deprive the subject property of rights enjoyed by other properties in the
vicinity and within identical land use district.
C. The variance authorized substantially meets'the intent and purpose of the Planned Unit
District zoning in which the subject property is located.
Findings for P-1 Rezoning -
D. The project as conditioned is consistent with the Mixed Use General Plan that governs
the review of the project.
E. Development of a harmonious, integrated plan like this project justifies exceptions from
the normal application of the code.
F. The applicant has indicted that they intend to commence construction within two and
one half years of the effective date of final project approval.
G. The project will constitute a residential environment of sustained desirability and
stability, and will be in harmony with the character of the surrounding neighborhood
and community.
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CONDITIONS OF APPROVAL FOR REZONING 3025-RZ AND FINAL DEVELOPMENT PLAN
3009-95 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON
MAY 1 , 1995
1 . This approval is based upon drawings dated received by the Community Development
Department March 9, 1995.
2. Per Section 26-2.2006, a variance is approved for the size of the lot; 5 acres minimum
lot size required for P-1 development, 1.8 acres approved.
3. The approval of the Development Plan 3009-95 is subject to adoption of an ordinance
for the rezoning of the subject property under application 3025-RZ. The final number
and layout of the units shall reflect the Board's approval.
4. Prior to the issuance of a building permit, the building and roof material shall be
submitted for final review and approval of the County Zoning Administrator. The roofs
and exterior walls of the building shall be free of such objects as air conditioning or
utility meter equipment, aerials, etc., or they shall be screened from view. Final review
of all development plans is subject to approval by the Zoning Administrator.
5. At least 60 days prior to obtaining building permit for the project, the applicant shall
execute a regulatory agreement and declaration of restrictive covenants with the
County which will include the length of time that the units have to be available for low
and moderate income households.
6. An on-site manager shall be in residence within one of the units on-site.
7. Comply with the landscaping requirements as follows:
A. Landscape plans shall indicate the total landscaped area, the area and
percentage of drought-tolerant planting and the area and percentage of
ornamental non-drought-tolerant plants. The plans shall be certified as being
in compliance with Chapter 82-26 Water Conservation Landscaping in New
Development by a licensed landscape contractor, architect or other landscape
professional whose qualifications have been approved by the Community
Development Department.
B. California native trees shall be used as much as possible. All trees shall be a
minimum 15 gallon in size; shrubs shall be a minimum of 5 gallon size; any
native tree removed shall be replaced by California native species trees. Along
the western property line, 15 gallon shrubs of Pittosporum tenuifolium shall be
planted.
8. Recycling binds for paper, glass and cans shall be provided within the trash area. The
gate to trash enclosure shall be maintained in good working order and shall remain
closed except when in use.
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9. The applicant shall install a 9' fence along the western property line. The fencing plan
including the tot lot fencing shall be subject to the review and approval of the Zoning
Administrator prior to approval of the building permit.
10. The applicant shall provide a secured access gate from the parking lot on the western
side of the property to the EBMUD bicycle path.
11 . Adequate lighting shall be provided throughout the development. Lighting shall be
energy efficient and deflected away from adjoining properties and of an intensity
compatible with residential development.
12. 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 of Professional Archaeology
(SOPA) has had an opportunity to evaluate the significance of the find and suggest
appropriate mitigation(s), if deemed necessary.
13. 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.
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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.
14. Prior to the issuance of building permits, the applicant shall submit a detailed TDM Plan
for review and approval of the Zoning Administrator. The approved TDM Plan shall be
operative prior to final inspection by the Building Inspection Department.
15. Prior to obtaining the building permit for the development, the child care demand
survey and response program shall be submitted and deemed adequate by the Zoning
Administrator. The program shall satisfy the requirements of Ordinance 88-1 of the
Zoning Ordinance. Prior to occupancy of the units, the approved response program
shall be implemented.
16. The design, color and location of any project sign at the entrance to the project shall
be reviewed and approved by the Zoning Administrator.
17. Conditions of Approval from the Public Works Department:
A. General Requirements:
1) This development shall conform to the requirements of Division 914
(Drainage), the remainder of Title 9 of the Subdivision Ordinance and
Title 10. Any exceptions therefrom must be specifically listed in this
conditional approval statement. Drainage, road and utility requirements
are based on the plan submitted on March 9, 1995, and shall be subject
to the review and approval of Public Works.
2) Improvement plans prepared by a registered civil engineer shall be
submitted to the Public Works Department, Engineering Services
Division, for review; applicant shall pay the inspection, plan review and
applicable lighting fees. These plans shall include any necessary traffic
signage, pavement striping and street lighting for review by the
Transportation Engineering Division. The improvement plans shall be
submitted to the Engineering Services Division prior to the issuance of
any building permit. The review of improvement plans and payment of
all fees shall be completed prior to the clearance of any building for final
inspection by the Public Works Department. If final inspection is
requested prior to construction of improvements, the applicant shall
execute a road improvement agreement with Contra Costa County and
post bonds required by the agreement to guarantee completion of the
work.
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B. Roadway Improvements (Willow Pass Road Frontage):
1) Applicant shall construct face of curb 10-feet from the ultimate right of
way line.
2) Applicant shall construct curb, 6-foot 6-inch sidewalk (width measured
from curb face), necessary longitudinal and transverse drainage, street
lighting, border landscaping and irrigation and pavement widening along
the frontage of Willow Pass Road.
3) Applicant shall install safety related improvements on Willow Pass Road
(including traffic signs and striping) as approved by the Public Works
Department, Transportation Engineering Division.
C. Roadway Improvements (Alberts Avenue Frontage):
1) Applicant shall construct face of curb 10-feet from the ultimate right of
way line.
2) Applicant shall construct a curb, 6-foot 6-inch sidewalk(width measured
from curb face), necessary longitudinal and transverse drainage, street
lighting, border landscaping and irrigation and pavement widening along
the frontage of Alberts Avenue.
3) Applicant shall install safety related improvements on Alberts Avenue
(including traffic signs and striping) as approved by the Public Works
Department, Transportation Engineering Division.
AveAbie .+ +l. . 1148nee to this faei1:+..
D. Alberts Avenue Pavement Analysis and Mitigation:
The applicant shall perform an Alberts Avenue pavement evaluation study in
coordination with the County to determine the condition of the pavement
before any work has begun. The pavement evaluation study shall be subject
to the review and approval of the County. After the structures have been
constructed and major grading completed, the applicant shall perform another
Alberts Avenue pavement study in coordination with the County to determine
the magnitude of pavement degeneration. If the pavement does not show
additional signs of degradation, no further work will be required. However, if
the Public Works Department determines that significant degradation has
occurred,the applicant shall perform additional analysis to determine alternative
methods of
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replacement or rehabilitation. The report shall recommend feasible alternatives
subject to the review and approval of Public Works. The applicant shall be
required to implement mitigation determined necessary by Public works.
E. Access:
1) Applicant shall restrict access along Willow Pass Road with the
exception of the proposed vehicular egress and the pedestrian access.
The Willow Pass Road vehicular egress shall provide a gate operated by
a driveway pad sensitive to significant vehicle loads which will allow
egress by one vehicle at a time. The gate shall have an over-ride feature
which will allow access for the fire district. The gate shall be perma-
nently located (a key shall be provided for the exclusive use of emer-
gency operations) if it is repeatedly left open, subject to the review of
Public Works.
2) Applicant shall provide a turnaround, subject to Public Works review and
approval, in front of the gate at the Alberts Avenue access. The
turnaround shall allow vehicles which cannot enter the gate to turn-
around before existing onto Alberts Avenue.
3) The applicant shall provide at least a 25-foot aisle width for the
driveway system in this development.
F. Access to Adjoining Property:
Proof of Access/Acquisition
1) Applicant shall furnish proof to the Public Works Department, Engineer-
ing Services Division, of the acquisition of all necessary rights of way,
rights of entry, permits and/or easements for the construction of off-
site, temporary or permanent, road or drainage improvements.
Encroachment Permit
2) Obtain an encroachment permit from the Applicant and Permit Center
for construction of driveways, or other improvements within the right
of way of Willow Pass Road and Alberts Avenue.
Restrict Access
3) Restrict access along Willow Pass Road and Alberts Avenue with the
exception of the proposed Alberts Avenue access and the Willow Pass
Road egress.
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G. Road Dedications:
Applicant shall convey to the County, by Offer of Dedication, 3-feet of right of
way for the planned future road width of 56-feet along Alberts Avenue.
H. Street Lights:
Street lights shall be installed on Alberts Avenue and Willow Pass Road. Street
lights currently on wooden poles must be installed on standard LS-1 C aluminum
poles. The final number and location of the lights shall be determined by the
Public Works- Department, Engineering Services Division. This property has
already been annexed to County Service Area L-100 for maintenance of the
street lights.
I. Landscaping:
1) Permanent landscaping and automatic irrigation facilities shall be
installed within the parkway areas, and interim landscaping features
shall be installed within the future road areas, if any. All work shall be
done in accordance with the guidelines and standards of the County.
Funding of, and maintenance of, the new plantings shall be guaranteed
by the developer until the plants have been established and until funds
are available through a landscaping district. The plants shall be
maintained for 90 days after installation.
2) Prior to filing the issuance of building permit, two sets of landscape and
irrigation plans and cost estimates, prepared by a licensed landscape
architect, shall be submitted to the Special District Section of the Public
Works Department for review and recommendation and forwarded to
the Zoning Administrator for review and approval. Plan submittal shall
include plan review and inspection fees. Types and size of plant and
irrigation materials within the public right of way shall be designed using
standards provided by the Grounds Service Manager of the General
Services Department. 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.
J. Bicycle - Pedestrian Facilities:
Bicycle Circulation (Commuter/Recreation)
1) The design of community facilities, such as a clubhouse or a community
park, shall provide for and encourage the use of bicycles. At a minimum
this shall include bicycle racks and bicycle lockers.
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Pedestrian Access
2) All public and private pedestrian facilities and access ways shall be
designed in accordance with Title 24 (Handicap access) and the
Americans with Disabilities Act. This shall include all sidewalks, paths,
trails, driveway depressions, as well as handicap ramps.
KTFaASt:
C7Qs step sn elteFs,-bteyEl e-ra EIcs, aR dN s-}cIQ-I a EI Ecru cv be i installed—vy=-crTc
feF the bus step faeilities shall be made PFieF te issuaRee ef buildiAg p-1.1111-
L. Intersection Design/Sight Distance:
The applicant shall be required to provide adequate sight distance at the Willow
Pass Road-Alberts Street intersection and at the Willow Pass Road egress for
a 55 mile per hour design speed. The applicant shall provide a 30 mile per hour
design speed at the Alberts Street project entrance based on Caltrans
standards.
M. Utilities/Undergrounding:
All utility distribution facilities shall be installed underground,. including the
existing overhead distribution facilities along the frontage of Alberts Avenue
and Willow Pass Road. The undergrounding shall include the existing overhead
distribution facilities along the frontage.
N. Drainage Improvements:
Collect and Convey
11 Division 914 of the Ordinance Code requires that all storm waters
entering or originating within the subject property shall be conveyed,
without diversion and within an adequate storm drainage facility, to a
natural watercourse having definable bed and banks, or to an existing
adequate public storm drainage facility which conveys the storm waters
to a natural watercourse.
2) Discharging storm waters into the Contra Costa Canal or any other
water conveyance.or impounding facility for domestic water consump-
tion is prohibited by the Ordinance Code.
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3) Storm drainage facilities required by Division 914 shall be designed and
constructed in accordance with specifications outlined in Division 914
and in compliance with design standards of the Public Works Depart-
ment.
0. Miscellaneous Drainage Requirements:
1) Storm drainage originating on the property and conveyed in a concen-
trated manner shall be prevented from drainage across the sidewalk(s)
and driveway(s)..
2) The applicant shall install within a dedicated drainage easement any
portion of the drainage system which conveys run-off from public
streets.
3) The applicant shall be required to extend Line B-1 of Drainage Area 48B
along the easterly and southerly lines of this property. A realignment of
this drainage facility through a portion of the driveway system in this
development may be permitted subject to the review and approval of
Public Works. The storm drainage system shall be installed within an
adequate storm drainage easement in accordance with Ordinance Code
requirements. This may require modification of the structures along the
southerly line of this property.
P. Drainage Area Reimbursements:
Certain improvements required by the Conditions of Approval for this
development or the County Subdivision Ordinance Code may be eligible for
credit or reimbursement against the drainage area fee. The developer should
contact the Public Works Department to personally determine the extent of any
credit or reimbursement for which he might be eligible. Any credit or
reimbursements shall be determined prior to filing the final map or as approved
by the Flood control District.
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 OF ADDITIONAL ORDINANCE
REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT.
A. Comply with the requirements of the Health Services Department, Environmental
Health Division.
B. Comply with the requirements of Contra Costa Water District.
C. Comply with the requirements of the County Building Inspection Department.
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D. Comply with the requirements of the Contra Costa County Fire Protection District.
E. Comply with the requirements of the Park Dedication Fee Ordinance.
F. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the West Pittsburg Area of Benefit and the
Eastern Contra Costa County Subregional Transportation Mitigation Fee Area of Benefit
as adopted by the Board of Supervisors.
G. The applicant shall be required to comply with the drainage fee requirements for
Drainage Area 48B as adopted by the Board of Supervisors.
H. The applicant will be required to comply with all rules, regulations and procedures of
the National Pollutant Discharge Elimination System (NPDES) permit for municipal,
construction 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-Regional II or Central Valley-Region V).
I. 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.
J. This project may be subject to the requirements of the Army Corps of Engineers. It
is the applicant's responsibility to notify the appropriate district of the Corps of
Engineers to determine if a permit is required, and if it can be obtained.
AMB/aa
DPXVI/3009-85C.AMB
4/24/95
5/1/95 - EC (a)
A- 7
CONTRA COSTA COUNTY
CONIr2UNITY DEVELOPMENT DEPARTMENT .
May 16, 1995
TO: Members of the Board
FROM: Dennis Barr'
Deputy Director - Curren Planning
SUBJECT: County File #3025-RZ & DP 3009-95 on the Board Agenda for May 23, 1995, at
2 P.M.
It has come to the attention of the County Community Development Department from the long
term residents of the Bay Point area that a portion of the property located at the southwest corner
of Alberts Avenue and Willow Pass Road was used as a gas station until approximately 1952.
As part of the proposal to construct multiple family housing at the site, PIERS Environmental
completed a Phase I Environmental Assessment of the property. The Assessment included a
visual reconnaissance of the property, a review of available historical aerial photographs, permits
and files for the property with the County Environmental Health and a regulatory agency
database review for the parcel. The Assessment did not reveal any previous commercial or
industrial use on the property nor did it find any records of underground tanks or other significant
items of environmental concern on the property. The study went back only to 1952 and that may
be the reason that the study did not reveal the gas station use.
Staff is recommending that the Board add condition #18 to County File #3025-RZ & DP 3009-95
as .follows:
Prior to obtaining a grading permit, the applicant shall consult with the Environmental
Health Department-Hazardous Materials Division for purposes of determining any
hazardous materials/tanks on the property. If hazardous materials/tanks are determined to
be present, then, prior to commencement of grading, the applicant shall enter into a
program with the County Hazardous Materials Division to eliminate any significant
health/safety hazards to the public. Prior to obtaining a building permit, the applicant shall
provide evidence to the Community Development Department that the Hazardous
Materials Division is satisfied that no hazardous materials/tanks exist on the property.
cc: BRIDGE Housing Corporation
County Counsel
County Hazardous Materials Division
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