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HomeMy WebLinkAboutMINUTES - 02091999 - D1 aCounty Contra TO: BOARD OF SUPERVISORS Costs. FROM. DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR DATE. February 9, 1999 SUBJECT: HEARING ON THE WILLOW AVENUE GENERAL PLAN AMENDMENT (GP97-0018 AND REZONING APPLICATION (RZ9830 8) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION �FCOMMENDATION 1. OPEN the public hearing and receive testimony on the Willow Avenge General Plan Amendment(GP97-0018 and associated Rezoning Application (RZ983066), and close the public hearing; 2. ADOPT the Mitigated Negative Declaration of Environmental Significance and the Mitigation Monitoring Program as recommended by the County Planning Commission; 3. ADOPT the Willow Avenue General Plan Amendment as recommended by the County Planning Commission and direct staff to include the amendment in the next consolidated General Plan Amendment; 4. APPROVE the rezoning of the site from Commercial (CO) and General Agriculture (A-2) to Planned Unit District (P-1) to allow for 58 single family residential units subject to the Final Development Plan conditions as recommended by the County Planning Commission; CONTINUED ON ATTACHMENT: _X_YES SIGNATURElld=h RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TION OF BOARD COMM, EE APPROVE __ OTHER SIGNATURES ACTION OF BOARD ON February 9 1999 APPROVED AS RECOMMENDED x OTHER SEE THE ATTACHED ADDENDUM FOR BOARD ACTION. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ANIS CORRECT COPY OF AN ACTION TAKEN AYES:- NOES; AND ENTERED ON THE MINUTES OF THE ABSENT° ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: f (925/335.1250 Maureen Toms ATTESTED -- E-e b ru a r.y cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF CAC THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Public Works-Heather Ballenger Shuler Homes David Claeys BY )L4h,1iWT,1 , DEPUTY CK/MT/df bo3:schulerabo Page Two 5. INTRODUCE ordinance giving effect to the rezoning, waive reeding and set date for the adoption of same; and S. DIRECT staff to post the Notice of Determination with the County Clerk. FIS�C�yL IMPACT None. Costs for this application have been covered by a fee charged to the applicant. BA=ROUNDIREASONS FQR REQOMMENQAILQNS Schuler Homes requested a General Plan Amendment, a rezoning and related entitlements to allow the establishment of a 58 unit single fatally residential project. The site, which is approximately 7 acres in size, is located on the east side of Willow Avenue between Seventh Street and Hawthorne drive in the Rodeo area. The proposed project was reviewed by the Rodeo Municipal Advisory Council which recommended approval of the General flan Amendment, the rezoning and the related entitlements. The County Planning Commission unanimously recommended approval of the General Plan Amendment and the rezoning. The associated applications {Preliminary and Final Development Plan (DP983020 and Subdivision 8250) were approved by the Commission subject to the Board's adoption of the General Flan Amendment and the Rezoning. ADDENDUM TO ITEM D►.1 Agenda February 9, 1999 This being the time noticed for the hearing on the recommendation of the Contra Costa County Planning Commission on the request by Schuler Homes of California, Inc., (Applicant) and David, Cynthia and Ruth Claeys (Owners) for approval for a General Plan Amendment to change a 6.98 acre site from Commercial to Multiple-Family Residential-Low Density (County File #CEPA 97-0018); and The hearing on the recommendation of the Contra Costa County Planning Commission on the request by Schuler Homes of California, Inc., (Applicant) and.David, Cynthia and Ruth Claeys (Owners) for approval for rezoning a 6.98 acre site from Agricultural (A-2) and Commercial (CO) to Planned-Unit District (P-1) to accommodate the construction of 5 8 single- family residences (County File #RZ 98-3066), and The hearing on the recommendation of the Contra Costa County Planning Commission on the request by Schuler Homes of California, Inc., (Applicant) and David, Cynthia. and Ruth Claeys (Owners) for approval of a Final Development Plan for the construction of 58 single-family residences (County File #DP 98-3020); Rodeo area. Dennis Barry, Community Development Department Director, presented the staff report. Catherine Kutsuris, Community Development Department Deputy Director, and Mitch Avalon, Deputy Director of the Public Works Department were also present. Supervisor Uilkema inquired about the beneficiaries of the assessed recreation fees. (see Page 2,Item AA) Mr. Barry responded they would be allocated for future purposes in the area. The public hearing was opened, and the following people offered comments: Richard Luchini, Applicant, 912 Hawthorne Drive, Rodeo, Vince Fletcher, Applicant, 1250 Pine Street, Walnut Creep, Bill Fernando, 826 :Hawthorne, Rodeo. Those desiring to speak having been heard, the public hearing was closed. The Board discussed the matter. Supervisor Uilkema commented that the Rodeo Municipal Advisory Council had voted unanimously for the project, and she moved approval of the staff's recommendations. Supervisor Gioia seconded the motion. IT IS BY THE BOARD ORDERED that staff s Recommendations Nos. 1 through 6 are APPROVED. RESOLUTION NO. 15-1998 RESOLUTION OF THE COUNTY PLANNING COMMISSION, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA REGARDING A PROPOSED GENERAL PLAN AMENDMENT (GP 97-0018), REZONING (RZ983066), PRELIMINARY AND FINAL DEVELOPMENT PLAN (DP983020) AND VESTING TENTATIVE MAP (SD988250), IN THE RODEO AREA. WHEREAS, Schuler Homes of California (Applicant)and Cynthia,David and.Ruth Claeys(Owners) requested an amendment to the County General Plan to change the land use designation of a 6.98 acres site in the:Rodeo area from"Commercial" to"Multiple Family-Low Density"; and WHEREAS, Schuler Homes of California filed related applications described as follows: A request to rezone the site from Commercial (CO) and General Agriculture (A-2) to Planned Unit District(P-1); A request for a preliminary and final development plan for a 58 unit single family residential project; and A vesting tentative map to subdivide the site into 58 lots; and WHEREAS, for the purposes of compliance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was posted and noticed as required by law with the public comment period extending to December 3, 1998; and WHEREAS,the staff prepared a report recommending changes to the General Plan for the area and circulated it to interested agencies; and WHEREAS, after notice was lawfully given,the project was scheduled for hearing before the County Planning Commission on December 8, 1998, whereat all persons interested could appear and be heard and the public hearing was closed; and NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission: 1. FINDS that the proposed Mitigated Negative Declaration and Mitigation Monitoring Program are adequate for the purposes of compliance with the California Environmental Quality Act and ADOPTS same; 2. RECOMMENDS to the Board of Supervisors the APPROVAL of the Willow Avenue General Plan Amendment as recommended by staff; PAGE TWO RESOLUTION NO. 15-1998 3. RECOMMENDS to the Board of Supervisors the APPROVAL of the rezoning of the site from the Commercial and General Agriculture Districts to the Planned Unit District, 4. APPROVES the preliminary and final development plan subject to the proposed conditions as recommeded by staff and subject to the Board's approval of the General Plan Amendment and Rezoning; and 5e APPROVES the vesting tentative map for a maximum of 58 lots With the conditions as recommended by staff`and subject to the Board's approval of the General Plan Amendment and Rezoning; BE IT FURTHER RESOLVED that the County Planning Commission makes the following findings pursuant to the Contra Costa County General Plan Growth Management Element and the County Code Sections 94-2.806, 26-2.1806 and 84-66.12406 A. Growth Management Performance Standards 1. TmM -The proposed development will not result in an increase of 100 or more peak period trips. 2. Water-The Fast Bay Municipal Utility District has indicated that the site lies within the District's service area and that the District is capable of serving the project. 3. Saws=Sealer-The site lies within the Rodeo Sanitation District's service area. The District will provide sewer services subject to payment of all fees and capacity available at time of permitting. 4. Fire Protection-The site lies within one mile of the Rodeo/Hercules Fire Station#75 at 326 3rd Street, Rodeo. 5. Public Protection - The project will generate a population of approximately 148 residents. The establishment of a police services district is included as a condition of approval. 6. Parks and Recreation - The applicant will be required to comply with the Park Dedication Ordinance and pay the fee of$2,000 per unit. 7. Flood Control and Drainage- This project will be required to collect and convey all runoff to an adequate natural or manmade drainage facility. PAGE THREE RESOLUTION NO. 15-1770 B. Tentative Map Findings 1. The proposed land use and density are consistent with the proposed General Plan land use designation of"Multiple-Family Residential-Low Density." 2. Subdivision Design Standards: The internal road network includes a primary road, connecting Hawthorne Avenue and 7th Street, and cul-de-sacs off the primary road. The cul-de-sacs are open to the Rodeo Creek Trail, which is consistent with the General Plan policies. C. Rezoning Findings: I, The change proposed will substantially comply with the proposed General Plan Land Use designation of Multiple-Family Residential -Low Density. 2. The uses authorized or proposed in the land use district are compatible within the district and the uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. The proposed project will improve and increase the community's supply of affordable housing. 4. The project will achieve the County's Housing Element Goals and Objectives. D. Planned-Unit District Findings 1. The applicant intends to start construction within two and one half years from the effective date of pian approval. 2. The proposed development is consistent with the proposed County General Plan designation -Multiple Family Residential-Low Density(7.3 - 11.9 units per net acre). 3. The development will constitute a residential environment of sustained desirability and stability. AYES: Commissioners- Clark, Terrell, Gaddis, Kimber, Wong, Hanecak NOES: Commissioners - None ABSENT: Commissioners - Pavlinec ABSTAIN: Commissioners - None PAGE FOUR RESOLUTION NO. 15-1998 John Hanecak Chair of the County Planning Commission, County of Contra Costa, State of California ATTEST: AA DENNIS M. BARRYSECRETAY County Planning Commission, County of Contra Costs, State of California CK/MT/df WILLOW AVENUE GENERAL FLAN AMENDMENT COUNTY FILE #GP 97-0018 The County General Plan amendment includes the following actions: 1. It amends the Land Use Element Map for the approximately Seven Acre area from Commercial to Multiple Family Residential Low density as shown on Map A. 2. It modifies policy 3-184 to read: "The property south of 7th Street along the east side of Willow Avenue up to Hawthorne Drive, is designated Multiple Family Residential Low Density. As maximum of 58 dwelling units shall be allowed within the plan amendment area. Development shall be for detached single family residences. The project design will open up to the Rodeo Creek Trail in several locations and will be landscaped compatible with the adjacent public right-of-way. The site between Hawthorne and 7th Street must be developed as an integrated unit. The land from Hawthorne Drive to 1-80 retains a Commercial designation." 3. Deletes existing policy 3-185 and renumbers existing policy 3-195 to policy 3- 185. 4. Amends the Bicycle Trails Map to reflect the Rodeo Creek Trail existing location as shown on Map B. 5. Amends the Hiking Trails Map to reflect the Rodeo Creek Trail as shown on Map C. Willow Avenue General Plan Amendment County File##GP97-0018 Proposed Land Use Map Map A SH MH M r sr F PS it, GAn M H PR ccs G+ laic � eyf Cir SO PS Project � { + Site , e co ML r� S 1 ,} Jd f J 1 North M5 ' l J/ 1"e4{0` JJ Q LE I '14 Y4 / J J � / LEGEND �� J dJ JJJ � SH Single Family Residential-High Density c� J SH 4 ML Multiple Family Residential-Low Density rl MH Multiple Family Residential-High Density MS Multiple Family Residential-Very High Special titer ' 7K, d Ji JJ ti CO Commercial d i /d J fi PS Public/Semi-Public PR Parks and Recreation , j� OS Open Space �\` / d r `NZ Ml Mixed Use Brea-Downtown Rodeo �� �� ��� ������ Willow Avenue General Flan Amendment County File#GP97-0018 Bicycle Trails Map B 4 t " 1 fakl,J r o a S< SCK ST I 1 t 9 � I Ys S � r !Ij 1 1!!J! IV/ 1 1 t 1411 t !41 t ! t ST 61.4 I 1 I / S T 1 i1 r+ 11/ y / 1 i Project North Site ' 1"=600' 11 / �, 1 4 al ` 1 4 111 +Y !r' '`-• Y ite LEGENDIf Existing Bicycle Trails •s w+r�► Proposed Bicycle Trail N Bio! Portion of the HikingTrails Map shown on Figure 9-6 of the Contra Costa County General Plan. y' Will©w Avenue General Plan Amendment County File#GP97-001$ Hiking Trails Map C r ST a x+. \ ♦ aTx � n 1 STH ST k ! � k 4 F S � S S •n+ 'sT �! < k k , ! .yTx ! ST e - � lam. t Project G North Site ! �' e i i /' i; LEGEND- Existing Hiking Trails •o 41 s* proposed Hiking Trail X /1 fes, r� 1'=16,OOCr(approx) —11 N/ Portion of the Bicycle Traits Map shown on f=igure 9-5 of the � Contra Costa County General Plan. Findings Map *e w h Rezone From Q A-Z To ` '-1 -.Area I r, 1n Chair of the Centra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of ?A(,F—__t„-.-7 -- - indicating thereon the decision of the Contra Costa County Planning Commission in the matter of r H A I �nAAES„ Z qC).&0 1":' ATTEST: Secretary of the Contra Costa Coon Planning Commission, State of Cali . CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Schuler Homes APPLICATION NO. SD988250 1250 Pine St., ##305 DP983020 Walnut Creek, CA 94596 RZ983066 ASSESSOR'S PARCEL NO. 357-120-012 OWNER: David Cleays ZONING DISTRICT: P-1 9200 Winery Terrace Kenwood, CA 95452 APPROVED DATE: 2/9/99 EFFECTIVE DATE: 2/9/99 This is to notify you that the Board of Supervisors has granted your request for a final development plan, land use permit:and rezoning, subject to the attached conditions. DENNIS M. BARRY, AICP Community Development Director By: CATHERINE KUTSURIS Deputy Director PLEASE NOTE THE EFFECTIVE..DATE, and be aware of the renewing requirements as no further notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved Conditions of Approval. Unless otherwise provided, you have 36 months from the approval date to file the FINAL TMAP. ti. FINDINGS AND CONDITIONS OF APPROVAL FOR RZ983066 SD988250 & DP983020 as RECOMMENDED BY THE CO TY PLA_NTNING COMMISSION Oji DECE MBER 8 1 98 Findings A. Growth.Management Performance Standards 1. Traffic - The proposed development will not result in an increase of 104 or more peak period trips. 2. 'Water-The East Bay Municipal Utility District has indicated that the site lies within the District's service area and that the District is capable of serving the project. 3. Sanitary Sewer-The site lies within the Rodeo Sanitation District's service area. The District will provide sewer services subject to payment of all fees and capacity available at time of permitting. 4. Fire Protection-The site lies within one mile of the Rodeo/Hercules Fire Station 475 at 326 3rd Street, Rodeo. 5. Public Protection-The Growth Management Element standard is 155 square feet of Sheriff facility station area per 1,400 population. The project will generate a population of approximately 148 persons, which is far below the standard of the Growth Management Element standard. The establishment of a police services district is included as a condition of approval. 6. Parks and Recreation - The applicant will be required to comply with the Park Dedication Ordinance and pay the fee of$2,404 per unit. 7. Flood Control and Drainage-This project will be required to collect and convey all runoff to an adequate natural or manmade drainage facility. (Ref. the Growth Management Element, Chapter 4, of the General Plan) B. Tentative Man Findings 1. The proposed land use and density are consistent with the proposed Contra Costa County General Plan designation of Multiple-Family Residential-low density. 2. Subdivision Design Standards: The internal road network includes a primary road, connecting Hawthorne Avenue and 7th Street, and cul-de-sacs off the primary road. The cul-de-sacs are open to the Rodeo Creek Trail, which is consistent with the General Plan policies. 2 C. Rezoning Findings: I. The change proposed will substantially comply with the proposed General Dian designation of Multiple-family residential - low density. 2. The uses authorized or proposed in the land use district are compatible within the district and the uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. The proposed project will improve and increase the community's supply of affordable housing. 4. The project will achieve the County's housing element goals and objectives. D. Planned-Unit District Findings The applicant intends to start construction within two and one half years from effective date of plan approval. 2. The proposed development is consistent with the proposed County General Plan designation -Multiple Family Residential-Low Density (7.3 - 119 units per net acre). 3_ The development will constitute a residential environment of sustained desirability and stability. CONDITIONS OF APPROVAL Administrative I. This approval is based upon the exhibits received by the Community Development Department listed as follows: A. Exhibit A-Vesting Tentative Map for Subdivision 8250 received on October 21, 1998 by the Community Development Department for 58 lots on the 6.98 acre site. B. Exhibit B - Preliminary Grading Plan for site {shown on same sheet as Vesting Tentative Map for Subdivision 8250. The approval is also based upon the following reports: 3 C. Preliminary Geotechnical Investigation prepared by ENGEO, Inc., and dated October 23, 1998. D. A Biotic Survey for Special Status Plant and Animal Species on and Immediately Adjacent to the Claeys' Property, Rodeo, CA, prepared by Dr. Samuel M. McGinnis and dated .Tune 5, 1997. E. Archival Literature Search, On-Site Archaeological Surface Reconnaissance and Limited Subsurface Archaeological Evaluation of the 6.98 acre Claeys Property, Rodeo, CA, prepared by Allen G. Pastron, Ph.D. and dated June 20, 1997. F. Willow Glen, Rodeo v Environmental Noise Analysis, prepared by Charles M. Salter Associates and dated November 9, 1998. H. Final Development Plan received October 21, 1998 by the Community Development Department. 1. Floor Plans and elevations received September 17, 1998 by the Community Development Department.. The following conditions shall be rnet prior to issuance of a building permit unless otherwise specified. 2. The approval is fora three (3) year period which may be extended for an additional three (3) years. An extension request must be submitted prior to expiration of the initial approval and must be accompanied by the appropriate ding fee. An extension request is subject to review and approval ofthe Zoning Administrator. 3. Unless otherwise indicated, the following conditions shall be complied with prior to ding the Parcel Map. The maximum number of lots approved for this development/subdivision is 58 lots. A minor reduction in lot number may be considered by the Zoning Administrator after payment of appropriate fees. This approval is based upon the preliminary/final development plan, vesting tentative subdivision map and supporting plans received October 21, 1998 by the Community Development Department, together with other supporting documents submitted with the application, for not more than 58 residential lots, subject to the conditions listed below. The approval of vesting tentative map for SUB 5250 is contingent on final approval of Rezoning 953066 and Final Development Plan 983020 by the Board of Supervisors. The subdivision approval is subject to any requirements unposed by the 4 beard of Supervisors in any approval of the Rezoning and Final Development Plan by the Board. The filing period of the Rezoning/Final Development Plan shall run concurrently with the time limits of the approved subdivision. 4. The rezoning to P-1 and Final Development pian request is approved to allow for the development of 58 single-family residences. 5. The proposed buildings shall be similar to that shown on submitted plans. Prior to the issuance of building permit, elevations and architectural design of the building and building roofing material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning or utility equipment, televisions aerials, etc., or screened from view. The building shall be finished in wood and stucco or other materials acceptable to the Zoning Administrator. Roll-up garage doors shall be used. Indemnification _ 6. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof)shall defend, indemnify, and hold harmless the Centra Cosa 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, tlse 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. CC&Rs: T Covenants, Conditions and Restrictions shall be submitted for review with the Final i Map, and shall be subject to review and approval by the Zoning Administrator. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection, fencing (see Condition of Approval #30), private streets and drainage maintenance, keeping of pets and establishment of signs and home occupations. 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 mobile home shall be stored on the site overnight -Exterior materials and colors shall not vary from the palette approved for the original homes . & Except as specified in these conditions and the exhibits described above, the guide for 5 development shall be the Single Family Residential (R-6) district, subject to the Zoning Administrator's review and approval at the time of issuance of building permits. Any request made subsequent to the approval of this project for modification of the standards of the project shall be made by recommendation of the homeowners association to the Zoning Administrator, prior to issuance ofbuilding permits. The standards for this approval include: Building Height: 2 and one-half stories or 35 ft. Front yard setback to house: 8 ft. minimum for plan 2 and 18 ft. for Flans 1,3, and 4 Front yard setback to garage: 18 ft. minimum Side yard setback: 4.5 ff. minimum and 10 ft. aggregate Street side yard setback: 8 ft. minimum _ 9. The CC&R document shall reference the approved residential design guidelines and slope and drainage improvement maintenance plan, and the fencing plan program. 10. In accordance with the County Child Care Ordinance, the CC&Rs shall indicate that a child care facility may be located at any residential unit, or lot, consistent with the existing laws. 11. The CC&Rs shall make an adequate provision for funding road maintenance and establishing a maintenance cycle standard. Street Names: 12. At least 30 days prior to filing the Final Map, proposed street names (public and private) shall be submitted for review by the Community Development Department, Graphics Section (phone 4925 335-1270). Alternate street names should be submitted. The Final Map cannot be certified by the Community Development Department without the approved street names. Archaeology: 13. If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 10 feet of the find, the Community Development Department shall be notified within 24-hours and a qualified archaeologist contacted and retained for further recommendations. Significant cultural materials include, but are not limited to, aboriginal human remains, chipped stone, groundstone, shell and bone artifacts, concentrations of fire cracked rock., ash, charcoal, shell, bone, and historic features such as privies or building foundations. 6 14. In the event of discovery or recognition of any human remains on the site, there sham be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of Contra Costa County has been contacted, per Section 7050.5 of the California Health and Safety Code. 'utilities and Schools: 15. A will-serve letter from the John Swett School District shall be submitted to the .Zoning Administrator prior to recording the Final Map, 16. A will-serve letter from the Rodeo Sanitation District shall be submitted prior to recording the Final Map, 17. A will-serve letter from the East Bay Municipal Utilities District shall be submitted prior to recording the Final Map. Childcare Conditions- 18. The development shall comply with the requirements of the Child Care Ordinance. Prior to filing the Final Map, a proposed program shall be submitted for the review and approval of the Zoning Administrator, TDM Conditions: _ 19. At least 30 days prior to filing a Final Map, the applicant shall submit a Transportation _ Demand Management {TDM} information program in accord with the requirements of Ordinance No. 92-31 for review and approval of the Zoning Administrator. Applicant shall also comply with the County Growth Management Program and Bay Area Air Quality Management District regulations regarding transportation. Noise: 20. New residences or ether new habitable structures shall be designed to comply with the Sound Transmission Control Standards of the Uniform Building Code for the State of California 1989 Amendments. Structural design shall be based on the recommendation of an acoustical study of the site by an acoustical engineer to assure that interior noise levels do not exceed a CNEL of 45 dB and that exterior noise levels do not exceed CNEL of 60 dB, The acoustical study shall be submitted to the Zoning Administrator for review and approval prior to the issuance of building permits or recording of the Final Map. 7 Geologic Conditions. 21: Applicant shall record a statement to ran with deeds to property acknowledging the approved report by title, author (firm), and date, calling attention to approved recommendations, and noting that the report is available from the seller. 22. A grading bond shall be required for the work necessary to carry out the recommendations of the preliminary soil report. Sufficient subsurface information shalt be provided to estimate the cost of required soil improvements. 2 . The applicant shall submit grading plans for review and approval of the Community Development Department prior to issuance of grading permits. 24. The applicant shall use soured engineering judgement and the latest Uniform. Building Code (UBC) requirements as a minimum. MITIGATION MEASURE 25. The applicant shall keep exposed soils moist by occasionally sprinkling the soil surface with water for several days prior to the placer lent of concrete for foundation construction. Moisture variation shall be prevented at this site. MITIGATION MEASURE Erosion Control: 26. At least 30 days prior to the issuance of grading permit, an erosion} control plan shall be submitted for the review and approval of the Grading Section of the Building Inspection Department. The erosion control plan shall provide for the following treasures: All grading, excavation and filling shall be conducted during the dry season (April 15 through October 15) only, and all areas of exposed soils shall be replanted to minimize erosion and subsequent sedimentation. After October 15, only erosion control work shall be allowed by the grading permit. Any modification to the above schedule shall be subject to review by the Grading Section of the Building Inspection Department and the review and approval of the Zoning Administrator. MITIGATION MEASURE Landscaping: 27. Landscape plans for all landscape areas shall be prepared by a licensed landscape architect(or in the case of the erosion control plan by an experienced plant ecologist). Plans shall be certified for compliance with the Water Conservation in New Developments Ordinance(No. 9053). Proposed shrubs shall be a minimum 5-gallons in size, proposed trees a minimum 15-gallons in size (10% of the trees may be of a smaller size to provide for variety in appearance). Prior to submittal to the Zoning Administrator, the East Bay Municipal Utility District and Public Works Department, 8 Road Engineering Section, shall be provided an opportunity to review and comment on the plans. Landscaping shall be designed so as to minimize landscape maintenance costs. Approved landscaping shall be installed prior to issuance of the final building permit. 28. Privately mairitained open space areas (i.e, the end of cul-de-sacs) shall be suitably landscaped with scattered California native plant materials. A landscaping plan for these areas shall be submitted for the review and approval of the Zoning Administrator. Landscaping in this area shall be installed prior to occupancy. 29. Additional landscape planting shall be installed and maintained for the period set forth in Condition of Approval 482, along the project frontage, between the curb and soundwall, adjacent to"Willow Avenue/Parker Avenue, Seventh Street and Hawthorne Drive. Landscaping shall include vines trained to cover the wall and trees, where space permits. Low growing shrubs shall be included in the landscaping plan of this area. Fencing: 30. Prior to issuance of a grading permit or ding a Final Map, the applicant shall submit a fencing plan program. The approved progra,?i shall be attached to the CC&Rs and provide the following: A. restriction of fencing within or on the perimeter of the common open space area, and restriction oftencing within front and street side yard setbacks. B. restriction on fencing of firebreak maintenance easement; C. design guidelines for residential lot fencing- and Walls. 31. At least 30 days prior to issuance of building permits, a sample of section and color of the proposed masonry walls along Willow/Parker Avenue, Seventh Street and Hawthorne Avenue shall be submitted for the review and approval of the Zoning Administrator. Prior to the Zoning Administrator review, the masonry wall plan including color and finish shall be submitted to the Rodeo?Municipal Advisory Council (MAC) for their comments. The MAC comments shall be forwarded to the Zoning Administrator prior to the Zoning Administrator's decision on the masonry wall. The soundwalls shall be designed to achieve a minimum DN _, 61 dB exterior noise level. 9 Affordable Housing: 32. Pursuant to Policies 6-1, 6-6, and 6-9 of the Housing Element of the General Plan (1990-2000), the applicant shalt, contemplating a for-sale development, enter into a Developer Sales Agreement(form to be approved by the County) with the County at least 90 days prier to the filing of a Penal Map, which ensures that a number of units equal to at bast 15% of the approved units are affordable to and occupied by moderate income households. Affected units shall be deed restricted with the provision that on resale these units shall remain affordable for 20 years. For purposes of this condition, the following definitions apply: A. Low to Moderate Income Households - Households earning 80-120% of median income for Contra Costa County as adjusted for family size, as defined in Section 50093 of the California Health & Safety Code; and B. Affordable Sates Price- The inaximuna sales price for affordable units shown on SUB 8250 and FDP 983020 shall be set by the Deputy Director - Redevelo0pment in accordance with California Redevelopment Law prior to a certificate of completion, or its equivalent being issued for the project, or phase thereof Sale prices shall be affordable to moderate income households earning 110% of median income. Sales price tnaximutr. shall take into account mortgage rate and unit size. As of the date of this permit, sales price maximums would be approximately 5250,000 for 3-bedroom units and $285,000 for 4-bedroom units. Af` ordable sales price shall not exceed the market price maximum. 33. At-fordable units shall be provided throughout the development, and placed throughout the development in a manner such that the size and duality of affordable units reflect the proportions in the total development, and that the affordable units be spatially disbursed. Prior to fling a Final Map, the applicant small submit to the Zoning Administrator a plan for review and approval designating the proposed location of affordable units. 34. The families chosen to purchase the units shall be selected from persons who have lived and/or worked within a 15 miles radius of the area encompassed by the Rodeo for the prior six months. The area of eligibility shall include the West Contra Costa County area. 35. Allocate a proportion of project units to meet the jurisdictions` applicable share of regional housing needs of providing affordable housing to moderate income levels. Affordable units shall be provided for in each phase of the development. 10 Construction Conditions: 36. Contractor and/or developer shall comply with the following construction, noise, dust and litter control requirements: A. All construction activities, including deliveries or material, shall be limited to the hours of 7:30 A.Mv to 5:00 P.M,, Monday through Friday, and shall be prohibited on state and federal holidays. 13. 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 passible. C. At least one week prior to commencement of grading, the applicant shall past 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 Dept current at all tunes and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individatals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re-issued with each phase of:•Hajar grading and construction 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 band 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. 11 F. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 9:00 AM and 4:00 PM, and prohibited on Federal and State holidays. G. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 3T The project shall comply with the dust control requirements of the Grading Ordinance including provisions pertaining to water conservation. Water: 38. The applicant shall comply with the Contra Costa County Ordinance pertaining to water conservation. Compliance with the Water Conservation Ordinance shall be designed to encourage low-flow water devices and other interior and exterior water conservation techniques. 39. All toilets shall be low-flow units in accordance with Section l 7921.3 of the Health and Safety Code, sinks and showers shall be water conserving units, in accordance with the California Energy Commission Standards for new residential buildings. Police Protection/Crime Prevention. 40. The owner ofthe 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 approval. The tax shall be the per parcel annual amount (with appropriate future CPI adjustment)then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to the filing of the final map. The property owner shall be responsible for paying the cost of holding the election, payable at the time Haat the election is requested by the owner. 41. Police Services Mitigation: The following requirements shall be met prior to filing a Final Map as specified below: A. Prior to filing a Final Map, the applicant shall submit two copies of a proposed disclosure statement for the review and approval of the Zoning Administrator. The approved statement shall be used to notify prospective buyers of parcels which are not occupied by existing legally-established residences at time of filing the tentative map application. The disclosure statement shall advise prospective buyers of affected parcels that prior to issuance of a building permit, they will be required to contribute to the County $1,000.00 for police services mitigation. The fee may be paid to the Contra Costa County Application & Permit Center. + r . l2 B Prior to issuance of a building permit on any parcel that is not occupied by a legal residence, the applicant shall contribute $1,000.00 to the County for police services mitigation. The fee shall be paid to the Contra Costa. County Application & Permit Center. 42. Prior to the establishment of the use, the plans for this project, shall be submitted for review by the County Sheriffs Department for suggestions or changes that could be made to design defensive crime prevention measures. If agreement cannot be reached, the matter can be brought back to the Zoning Administrator for decision. 43. Industry standard hard wire burglar alarms shall be installed in the homes. Fire Protecting} Conditions: 44. All residential buildings shall have fire resistant roofs and exterior materials. 21st Century.Conditions: 45. The project proponents shall work with the local telephone company to ensure that all housing units are wired for electronic technologies that accommodate telecommuting by residents. 46. Constr=uct bicycle and pedestrian facilities that provide safe access to neighborhood commercial areas, parks, schools, convenience retail areas, transit stops, and park and ride lots. Sanitary Sever. 47. Jurisdiction shall identify opportunities for using reclaimed wastewater and develop in cooperation with project proponent, sewer service, and water service agencies. Flood Control: 48. Construct a storm drain infrastructure system throughout the proposed project that safely conveys runoff from individual homes, lets, and streets to the major creeks via a system of culverts, gutters, and swales constructed to jurisdictional standards. 49. During project construction, or to satisfy the NPDES requirements, the project proponents shall construct, as appropriate, onsite retention or detention facilities or install silt or grease traps in the storm drain system: for the proposed project drainage. 13 54, The project proponents shall develop a hazardous materials control program for construction activities to reduce potentially significant impacts on water quality caused by a chemical spill. This program should require safe collection and disposal of hazardous materials generated during construction activities and should include an emergency response program to ensure quick and safe cleanup of accidental spills. Waste Minitnization/Energy Conservation: 51. The developer shall comply with the California Energy Commission energy budget limits by utilizing the most current CEC prescriptive packages available. The developer will indicate what package (or performance standard) they are utilizing during the Building Department plan checking process. 52. Include fluorescent fixtures. In addition to the requirements for fluorescent lighting in kitchens and bath as prescribed by the Energy Standards, all fixed lighting in non- living space (i.e., closets, garages, utility roorns, or storerooms) shall accept fluorescent bulbs. This use would not be included in the Title 24 compliance package for the home; it would be included as an additional conservation measure. All homes should initially be outfitted with fluorescent bulbs where appropriate. This shall be a condition of final rnap approval and verified before issuance of the occupancy permit. 53. Consider the inclusion of solar hot water heaters, high efficiency gas water heaters and/or high efficiency furnace to reduce the energy budget goal by a minimum of 7% for 1{10% of the homes in the planning area. Alternative measures to achieve the 5% overall reduction should receive equal consideration. Inclusion of these measures would not be part. of Title 24 compliance, but rather an additional conservation measure. In addition, all pools built in the planning area should be heated using solar heaters or equipped with a solar blanket. 54. Provide all new homeowners with a copy of Home Energy Manual (California Energy Commission 1992a), as currently required by the Energy Standards. The manual provides useful information to homeowners on a wide variety of energy- conserving features, designs, appliances, and practices. This pamphlet should be provided in the home as any other home/appliance warranty documentation. Compliance should be verified by the County before issuance of an occupancy permit. 55. The developers shall provide, within the garage area of all new homes, a separate electrical circuit for charging of electrical-powered vehicles. 14. 56. This application is subject to an initial application fee of$33,177.00 which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. PUBLIC WORKS CONDITIONS Applicant shall comply with the requirements of Title 8, 9, and 10 of the Ordinance Code. Any Ordinance Code exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the Vesting Tentative Map received by Community Development on October 23, 1998, COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO FILING THE FINAL MAP: General- 57. Applicant shall submit irnprovernent plans prepared by a registered civil engineer to Public Works and pay appropriate fees in accordance with the Ordinance Code and these conditions of approval. Frontage Improvements: Willow Avenue 58. Applicant shall construct curb, a minimum 1.4± meter (4.5 foot) wide sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, street lighting, border landscaping and irrigation, and necessary pavement widening and transitions along the entire frontage of Willow Ave. The applicant shall have the option of meandering the sidewalk in-lieu of continuous monolithic sidewalk. A minimum width of 1.4± meters (4.5 feet) shall be maintained at all times. 59. The face of curb shall be located 11.3± meters (37 feet) from the control line ("W" Line) for Willow Avenue. 60. Curb ramps shall be provided along the project frontage at the intersection of Willow Avenue/San Pablo Avenue. Curb ramps shall also be provided, if necessary, at the project corners of the intersections of Willow Avenue/Hawthorne Drive and Willow Avenue/Seventh Street. 15 61. "No Parking" signs shall be installed along the entire project frontage of Willow Avenue, subject to the review of the Public Works, Traffic Section. Hawthorne Drive and Seventh Street 62. Applicant shall install improvements, as necessary, to insure that full frontage improvements exist along the project frontages of Hawthorne Drive and Seventh Street. Full frontage improvements shall consist of curb, 1.4± meter (4.5 foot) wide sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, street lighting, and necessary pavement widening and transitions along the entire project frontages of Hawthorne Drive and Seventh Street. 63. 1f there is any existing curb, gutter and/or sidewalk that is to be utilized by this project and which is cracked and/or displaced, the applicant shall remove and replace those sections that are in disrepair. Concrete shall be saw cut prior to removal. Existing lines and grades shall be maintained, subject to the review of Public Works. 64. Applicant shall provide 6.0 meter (20± foot) radius returns at the intersection of the main private road and Hawthorne Drive and Seventh Street. 65. Applicant shall perform pavement repair and/or improvements, as necessary, along the existing paver ent section of Seventh Street from the Rodeo Creek bridge crossing to Willow Avenue/Parker Avenue to insure that the roadway is adequate to serve anticipated traffic. All improvements shall be to public road standards. On-Site Roadway Improvements: 66. Applicant shall construct on-site private roadways to County private road standards so that they are consistent with the typical sections, locations and alignments as shown on the Vesting Tentative Map received by Community Development on October 23, 1998. A minimum sidewalk width of 0.9± meters (3-feet) shall be maintained at all tithes. 67. Applicant shall maintain a 5.4± meter (18 foot) setback from the garage door front to the back of sidewalk or curb for those streets without sidewalk. Vertical rise (roll-up) garage doors with automatic openers shall be provided for all garages. 68. Applicant shall submit a revised tentative map which provides adequate vehicle turnarounds at the end of those secondary private roadways that are longer than 45.7 - meters (150 feet) or serve more than two homes. An exception to this requirement may be allowed subject to approval of the Fire District and the review and approval of Public Works. 69. Applicant shall restrict parking by installing"No Parking" signs along one side of the primary on-site roadway and along both sides of the secondary on-site roadways. 16 70. Applicant shall install a guard rail or other equivalent vehicular barricade and signage at the end of each of the secondary private roadways, subject to the review of Public Warks. Access to Adjoining Property: 71. Applicant shall furnish necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. 72. Applicant shall furnish proof to Public Works that legal access to the property is available from Hawthorne Drive and Seventh Street. 73. Applicant shall relinquish abutter's rights of access along the entire project frontage of Willow Avenue, 74. Applicant may submit a written request to Public Works that the County relinquish its interests in the existing slope easements along the project frontage of Willow Avenue. If the request is approved, the County will Quit Claim its interests on the slope easement areas concurrently with the recordation of the Final Map for this project. Prior to ding the Final Map, the applicant shall pay for staff time to process the relinquishment request and for the value of the easements as paid by the County when originally purchased. Road Dedications: 75. Applicant shall convey to the County, by Offer of Dedication, 0.5± meters (1.5 feet) of additional right of way along portions of the Willow Avenue frontage of Lots 33, 46, 53 and 58. 76. Applicant shall convey to the County, by Offer of Dedication, 0.5± meters (4.5 feet) of additional right of way along the entire Willow Avenue frontage of Lots 34-45 and 54-57. 77. Applicant shall convey to the County, by Offer of Dedication, additional right of way, as necessary,to insure that sufficient right of way exists behind required curb ramps. A minimum of 0.6 meters (2± feet) of right of way is required behind curb ramp landings. Street Lighting. 78. This site is currently within the County Service Area L-100 Lighting District. No annexation will be required. 17 Intersection Design/Sight Distance: 79. Applicant shall provide sight distance for the following locations and design speeds: - On-site Roadways 55 km/hr(35± mph) - Hawthorne Drive 55 km/hr(35± mph) - Seventh Streei 55 km/hr(35± mph) - Willow Avenge 70 km/hr(45± mph) UtilitiesfU-ndergrounding: 80. All new utility distribution facilities and any existing overhead utility distribution facilities under 21kv along the frontages of Hawthorne Drive, Seventh Street and Willow Avenue shall be underground. Maintenance of Facilities: 81. Maintenance of on-site private road and drainage facilities shall be through a home owner's association. Landscaping: 82. Applicant shall install, in accordance with County guidelines and standards, all landscaping and automatic irrigation facilities to be maintained by the County. The landscape facilities shall be maintained by the developer: a) for a minimum of 90 days after 'installation, b) until plants have become established, and c) until maintenance funding is available through the landscape district. 83. Applicant shall submit two sets of landscape and irrigation plans and cost estimates, prepared by a licensed landscape architect, to Public Works for review and to the Zoning Administrator for review and approval, prior to filing the Final Map. 84. Applicant shall apply to the Public Works Department for annexation to the County Landscape District AD 1979-3 (LL-2) for future maintenance of landscaping and irrigation facilities located within roadway border areas (any "open space" is specifically excluded), prior to filing the Final Map or as allowed by Public Warks. The applicant shall be aware that this annexation process must comply with State Proposition 218 requirements which state that the property owner must hold a special election to approve the annexation. This process may take 6 months to complete The applicant should contact the Public Works Special Districts section as soon as possible to initiate the processing procedures. 18 Drainage Improvements: 85. Applicant shall collect and convey all storm waters entering and/or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. 86. Applicant shall verify the adequacy of any downstream drainage systems) utilized to convey run-off from this site and, if necessary, construct improvements to guarantee adequacy. 87. 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 Department. 88. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across sidewalks and driveways. 89. The applicant will be required to install within a dedicated drainage easement any portion of the drainage system which conveys run-off from public streets. 90. Applicant shall obtain a drainage pen-nit from the Flood Control District, if necessary, for any work within the District's right of way (Rodeo Creek). National Pollutant Discharge Elimination Systems: 91. The applicant will be required to comply with all rules, regulations, and procedures of the tional Pollutant Discharge Elimination Systems (NPDES) for municipal; construction and industrial activities as promulgated by the California State Nater Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay --- Region II or Central Valley—Region V), 92. Compliance will include developing long-term best management practices (B-MP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate, wherever feasible, some or all of the following longterm BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage. Shallow roadside and/or on-site drainage swales. Reduction in the amount of directly connected impervious surface area. Offer pavers as an option to buyers for walkways, driveways, etc. Utilization of filtering inlets. 19 Stenciling all storm drains with"No Dumping, Drains to Bay" using thermoplastic tape. Construct driveway weaken-plain joints at angles to assist in directing run-off to landscape/pervious areas prier to entering the street curb and gutter. Distribute public information items regarding the Clean Nater Program to potential home buyers. Cather alternatives as approved by the Public Works Department. Metric Units: 91 The County Public Works Department is requiring that all first check submittals and accompanying calculations be in metric units, Exceptions may be permitted by the Public Works Department, Engineering Services Division, based upon evidence of substantial hardship. ADVISORKNOTES 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 AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. The applicant will be rewired to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Hercules/Rodeo/Crockett Area of Benefit and the. West Contra Costa Subregional Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors. B. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may af'f'ect any fish and wildlife resources, per the Fish and Carne Code, C. This project may be subject to the requirements of the .Array 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. D. The applicant/owner should be aware of the expiration dates and renewing requirements prior to recording the final map. E. Comply with the requirements of the Rodeo Sanitary District (see attached). F. Comply with the requirements of the Rodeotllercules Fire Protection District (see attached). 20 G. Comply with the requirements of the Health Services Department, Environmental Health Division. H. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. I. NPDBS Requirements*- The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (-N"IDES) 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 Beards (San Francisco Bay-Regional II or Central Valley-Region V). J. Vesting Tentative M Rights -- The approval of this vesting tentative map confers a vested right to proceed with development in substantial compliance with ordinances policies and standards in effect as of October 21, 1998, the date the vesting tentative map application was accepted as complete by the Community Developinent Department. The vested rights also applies to development fees which the County has adopted by ordinance. These fees are in addition to any other development fees which may be speci ied in the conditions of approval. The fees include but are not limited to the following: Park Dedication $ 2,000 per residence. Child Care $400 per residence. An estimate of the fee charges for each approved lot nnay be obtained by contacting the Building Inspection Department at 925 335-1192. K. 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 (CPI) 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 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 tp 4 months and trust be completed prior to recording the_final MT/aa SDI/8250c.MT 11/25,'98 12/8/98 - CP (a) THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesday, February 9, 1999, by the following vote: AYES: SUPERVISORS CIOIA, UILKEMA, GERBER and DeSAULNIER NOES: NONE ABSENT: SUPERVISOR CANCIAMILLA ABSTAIN: NONE RESOLUTION 2tiiO. 99/136 SUBJECT: In the Matter of the Willow Avenue General Plan Amendment ) County File#GP97-0018 } The Board of Supervisors of Contra Costa County RESOLVES that: There is filed with this Board and its Clerk a copy of Resolution No. 15-1998 adopted by the Contra Costa County Planning Commission which discusses the Willow Avenue General Plan Amendment (County File#GP97-0018). On Tuesday, February 9,19995 the Board held a public hearing on said General Plan Amendment discussed by the Contra Costa County Planning Commission, Resolution.No. 15-1998. Notice of said hearing was duly given in the manner required by law. The Board att a hearing, called for testimony of all persons interested in this matter. Can Tuesday, February 9, 1999, the Beard APPROVED the General Plan Amendment and directed staff to include the Willow Avenue General Plan Amendment, and text changes as attached, into the first consolidated General Plan Amendment for 1999 as allowed by State Planning Law. Contact, Catherine Kutsuris,Deputy Director, CDD (335-1210) cc: Community Development Department CAO County Counsel I hereby certify that this Is a tree and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date down. ATTESTED: CK/df PHIL SATCHELO ,Oiark of the soad c boa:willow res f Supervi to and County AdrWmlshW : 5 By ' Deputy RESOLUTION 99/1.36 WILLOW AVENUE GENERAL PLAN AMENDMENT COUNTY FILE #GP 97-0018 The County General Plan amendment includes the following actions: I It amends the Land Use Element Map for the approximately Seven Acre area from Commercial to Multiple Family Residential Low Density as shown on Map A. 2. It modifies policy 3-184 to read: "The property south of 7th Street along the east side of Willow Avenue up to Hawthorne Drive, is designated Multiple Family Residential Low Density. As maximum of 58 dwelling units shall be allowed within the plan amendment area. Development shall be for detached single family residences. The project design will open up to the Rodeo Creek Trail in several locations and will be landscaped compatible with the adjacent public right-of-way. The site between Hawthorne and 7th Street must be developed as an integrated unit. The land from Hawthorne Drive to 1-80 retains a Commercial designation." 3. Deletes existing policy 3-185 and renumbers existing policy 3-195 to policy 3- 185. 4. Amends the Bicycle Trails Map to reflect the Rodeo Creek Trail existing location as shown on Map B. 5. Amends the Hiking Trails Map to reflect the Rodeo Creek Trail as shown on Map C. RESOLUTION 99/136 Willow Avenue General Plan Amendment County Pile#GP97-(}418 Proposed Land Use Map Map A SH H M1r ey. P PR ! #sa sY co S g P Project , . � Site � +� CO C L i SH M5 North 2"=400' r f LEGEND , �,. erl Slid Single Family Residential-High Density �✓ SH ML Multiple Family Residential-Low Density MH Multiple Family Residential-High Density MS Multiple Family Residential-Very High Special Ry � � CO Commercial j '' ! #I PS Public/Semi-Public �� PR Parks and Recreation t `+ ✓r PS OS Open Space �t� ti / 'N�� MI Mixed Use Area-Downtown Rodeo I hereby certify that this amendment to the I hereby certify that this amendment to the Contra Costa County General Pian was Contra Costa County General Plan was adopted approved by the Contra Costa County Planning by the Board of Supervisors on February 9, Commission on December 8, 1998. 1993. Phil Batchelor, Clerk of the Board of Supervi- sors and County Administrator Dennis M. Barry,AICP J Al � Community Development Director y. Deputy 6' d Z 3Z^, Willow Avenue General Plan Amendment County File#GP97-0018 Bicycle Trails Map B `x iJ r gS d � I E 1 SiY1 3T � T s E E � r/ 1 s rr r E Z ttrc 'ST / E E A A r✓ rffAAA h, Project North $1 Site 1""600' rroy r � r/4� /Arra l /"ell /ri/ tt f LEGEND Existing Bicycle Trails ******Proposed Bic cle Trail W/ / V-16,000;app:wx.) rir.�r // /r r ♦ Portion of the HikingTrails Map r ° shown on Figure 9-6 of the, /, Contra Costa County General Plan. Amr << I hereby certify that this amendment to the I hereby certify that this amendment to the Contra Costa County General Plan was Contra Costa County general Plan was adopted approved by the Contra Costa.County Planning by the Board of Supervisors on February 9, Commission on .December 8, 1998. 1999. Phil Batchelor, Clerk of the Board of Supervi- sors and County Administrator Dennis M. Barry,AICP � � 41 Community Development Director By: i; ��:I�° r :`°< 4. Deputy Willow Avenin General Plan Amendment County File#CP97-0018 Hiking Trails Map C 1 ' st � e a 4 4 � a 1 J J/ � •� #Sft i' //J �� lf? 4 r JJrJ 1:'J { t { d lfjJ ,jj Y J i t J J✓ �r JJ J { o r J J rdyj71 J d �,s J P,w je.t /Jr North Site J�J J AV Jry�r r J J4JiJ 9 /JJ JJr J rr✓r• �l�* J� Jr E1 /' ►� l \ 14 t /AFJ 1 � A'f �01 Existing Hiking Trails *****Proposed Hiking Trail +' '�sJ -'�✓ I'0 ;�a rJrdr yr J Portion of the Bicycle Trails Map r JJr * shown on Figure 9-5 of the �I Contras Costa County Genera! Pian. d1' d ! 4 ,�� I hereby certify that this amendment to the I hereby certify that this amendment to the Contra Costa County general Plan was Contra Costa County General Plan was adopted approved by the Contra Costa County Planning by the Board of Supervisors on February 9, Commission on December 8, 1998. 1999, Phil Batchelor, Clerk of the Board of Supervi- sors and County A inistrator Dennis M. Barry,AICP Community Development Director By, a° : 1 �; � � ,,"�.� Deputy p ty