HomeMy WebLinkAboutMINUTES - 03231999 - D3 D-3
Contra
Costa
TO BOARD OF SUPERVISORS
County
FROM: Dennis M.Barry
DIRECTOR OF -OM4UNTTY DEVELOPMENT
DATE: March 23, 1999
SUBJECT: rearing on Rezoning application (#RZ983064) 1.-o rezone approximately 2.08
acres of land from Agricultural (A-2) to Planned Unit District (P-1) ,
on the property bounded by Willow Avenue, San Pablo Avenue, the
Hercules city limits, and the Interstate 86 right-of-way, in the Rodeo
area of west Contra Costa County. Application filed by Ecumenical
Association for Housing (Applicant) and 4--he Contra Costa County
Redevelopment Agency (Owners) ,
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND- AND JUSTIFICATION
CB
. -I
I QNS
Approve the project as per the County Planning Commission' s modifications
to conditions of approval.
I
Accept the findings of the County Planning Commission as stated in
Resolution No.5-1999-
2 . Approve the rezoning of the site to the Planned Unit District (P-1) as
recommended by the County Planning Comirdssion as shown on the attached
Conditions of Approval marked "Exhibit A" .
3 . Introduce the ordinance giving effect to the aforesaid rezoning, waive
reading and set forth date for adoption of same.
FUCAL- TN.?=
None
CONTINUED ON ATTACHMENT: YES SIGNATURE
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI EE
APPROVE OTHER
SIGNATURE (S)
ACTION OF BOARD ON March 23 , 1999 _ APPROVED AS RECOMMENDED XX -- OTHER _]i_x
SEE THE ATTACHED ADDENDUM FOR, BOARD ACTION
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
xx 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: Maureen Toms 335-1215
Orig: Community Development- Department ATTESTED March 23 , l9ql4_
Col. Ecumenical Association for Housing PHIL BATCHELOR, CLERK OF
Redevelopment Agency THE BOARD OF SUPERVISORS
Public Works I..J.DD COUNTY ADMINISTRATOR
B DEPUTY
2 .
A General Plan Amendment for a portion of the site, to accommodate the
proposed 50-unit senior housing complex, was approved by the Beard of
Supervisors on December 9, 1997.
On September 17, 1998, an application for a rezoning, minor subdivision, and
preliminary and final development plan application for a 50--unit senior
housing complex (Parcel A) and commercial use (Parcel B)was filed by
Ecumenical Association for Housing. The proposal submitted is the result of
several meetings of a committee made up of members of the community, Rodeo
Municipal Advisory Council, County staff, the non-profit developer, and the
architect.
The subject site is a vacant 2.09 acre site bounded by willow Avenue, San
Pablo Avenue, the Hercules city limits, and. the Interstate 80 right-of-way,
in the Rodeo area of west Contra. Costa County.
The proposed project is within the Rodeo Redevelopment Project Area. Land
uses in the vicinity .include single-family residential across Rodeo Creek
to the east, an approved 58-lot single-family residential housing project,
a shopping center to the north, vacant land within the City of Hercules to
the west, and Interstate 80 to the south.
The proposed project consists of constructing a one to three story, 36,260
sq. ft. building, including 46 - 570 sq. ft. one-bedroom units, two-570 sq.
ft. studio units, one 652 sq. ft. one.-bedroom unit, and one 71.4 sq. ft. two-
bedroom managers unit, an efface, lobby, lounge/community room, and
approximately 20,250 sq. ft. of landscaped outdoor space. The applicant is
proposing to provide 37 parking spaces for the development. These
affordable rental units will be available to senior citizens.
The commercial site (Parcel B) is south of the senior housing site. The
remaining .98 acre site is anticipated to be developed as a commercial use.
The type of commercial development has not yet been determined, but may
involve services related to the senior development (i.e. , beauty salon,
medical or dental office, restaurant, etc. ) . Future development of the site
is subject to approval of a Final Development Plan.
On February 9, 1999, the County Planning Commission, after taking testimony,
recommended that the Board of Supervisors approve the Rezoning, Development
Plan and Minor Subdivision with revisions to the conditions of approval. The
Planning Commission adopted the Mitigated Negative Declaration and
Mitigation Monitoring Program as adequate for purposes of compliance with
CEQA; recommended to the Board of Supervisors the rezoning of the site to
the Planned Unit District (P-1) as proposed; approved final development plain
with conditions, contingent on Board approval of rezoning, and approved the
two-lot minor subdivision.
S: \CURR-PL-N\DP983017 .BO
ADDENDUM TO ITEM D.3
March 23, 1999 Agenda
This is the time noticed by the Clerk of the Board of Supervisors for the hearing on the
recommendation of the Contra Costa County Planning Commission on the request by
Ecumenical Association for Housing(Applicant) and the Contra Costa County
Redevelopment Agency(Owner),to rezone land from Agricultural (A-2)to Planned Unit
District(P-1), to accommodate the construction of a 50-unit senior housing complex on a
portion of the site and commercial use on the remainder of the site,with a variance to
allow rezoning to a P-1 District less than 5 acres in arca. (County File#RZ 3064-98).
The subject site is a 2.07 acre parcel located at the intersection of San Pablo Avenue and
Willow Avenue in the Rodeo area of West Contra Costa County.
:Dennis Barry, Community Development Department Director presented the staff report.
The public hearing was opened and LaMar Turner, Senior Project Manager, commented
on the recommendations. All those desiring to speak having been heard, the public
hearing was closed.
Following a brief Board discussion, Supervisor Uilkema moved to accept the staffs
recommendations. Supervisor Gioia seconded the motion.
By unanimous vote, the Board took the following action:
CLOSED the public hearing; APPROVED the recommendations of the Contra
Costa Planning Commission; APPROVED the Conditions of Approval as
attached; APPROVED rezoning the site from Agricultural(A-2)to Planned Unit
(P-1); INTRODUCED Ordinance No. 99-10 giving effect to the rezoning, Waived
reading, and Set April 6, 1999, for adoption of same,Rodeo area.
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Ecumenical Assn. for Housing APPLICATION NO. MS980018
2169 E. Francisco Blvd., #B RZ983064
San Rafael, CA 94901 DP983017
ASSESSOR'S PARCEL NO. 357-120-006
OWNER: CCC Redevelopment Agency ZONING DISTRICT: P-1
651 Pine St., 5th Fl,
Martinez, CA 94553 - APPROVED DATE: 3/23/99
EFFECTIVE DATE: 3/23/99
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, ICP
Community Developm t Director
OBBERT H. DRAKE
Principal Planner
PLEASE NOTE THE EFFECTIVE DATE and be aware of the renewing requirements as no farther
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 MAP.
FINDENGS ANUEMMITJONSOEAPPR L P 8 30 4 IVt 98 C A1v D DP98 X 17
AS APR rED BY TI- B ARD OF SUPERVLSORS ON MARCH 23 1999
Fns
A. Rezoninindings:
1. The change proposed will substantially comply with the General Plan. The proposed
Planned Unit District Zoning designation is compatible with Moth the General Pian
designations on the site. In addition, the Planned Unit District Zoning designation is
the only zoning designation which is consistent with the Multiple Family Very-High
Special General Plan designation.
2. The uses authorized or proposed in the land use district are compatible within the
district and the uses authorized in adjacent districts. The uses proposed will
complement 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. By rezoning
the Commercial portion of the site to a designation consistent with the General Plan,
the site will becorne more marketable to development.
4. The project will achieve the County's housing element goals and objectives.
B. Variance to 5-acre Min�mti=n Lot Size in P-1 District for Residential and to l0-acre Minimum
Ltd Size in T' t District fo� Non-residential Use l indinas
I. Approval of this variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties in the vicinity and the respective land use
district in which the property is located. The Planned Unit District Zoning
designation_ is the only zoning designation which is consistent with the Multiple
Fan61y-'V'ery high Special General Plan designation. In addition, rezoning both the
Commercial and Multiple-Family sites will bring the zoning into conformity with the
General Plan_
2. Because of special circumstances applicable to the subject property due to its size and
shape and location, strict application of the P-I district 5-acre limitation is found to
deprive the property owner of rights enjoyed by others in the P-t Planned Unit
District, and the vicinity. .*
3. The variance authorized substantially meets the intent of the respective land use
district in which the subject property is located.
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4. The Planned Unit District zoning designation is the only zoning designation consistent
with the Multiple Family-Very High Special General Plan designation on Parcel A.
1n addition, zoning Parcel B from Agriculture (A-2) to Planned Unit District for
commercial use will be consistent with the Commercial general Plan designation for
Parcel B.
C. Planned Unit District Findings
1. The applicant intends to start construction of the senior housing project within two
and one half years from effective date of plan approval.
2. The proposed housing and commercial development is consistent with the County
General Plan designation of Multiple Family Residential-Very High Special (Parcel
A) and Commercial (Parcel B).
3. The development will constitute a residential and commercial environment of
sustained desirability and stability.
D. Tentative Map Findings
1. The proposed land use and density are consistent with the proposed Contra Costa
County general Plan designations of Multiple Family residential-Very High Special
and Commercial.
2. Design Standards: The proposed senior housing project is consistent with the General
Plan policies. The preliminary development plan is consistent with the general Plan
Policies. A final development plan will be required prior to the development of the
Commercial site.
E. Gr wth Management Element Performance Standards Findings:
1. Traffic: The proposed development will not result in an increase of 100 or more peak
period trips.
2. WWat, : 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-
?. unitary Sewer: The site lies within the Rodeo Sanitation District's service area. Tile
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 1,75
at 326 - 3rd Street, Rodeo.
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5. Public Protection: The Growth Management Element standard is 155 square feet of
Sheriff facility station area per 1,000 population. The project will generate a
population of approximately 50 - 100 persons, which is far below the standard of the
Growth Management Element standard.
6. Parks and Recreation: The park dedication fees are currently $2,000 per unit. Partial
credit of up to 50 percent of the required park dedication fees may be granted for
private recreational space developed as part of the project. The proposal includes
indoor community space (sun room, community room and kitchen) and outdoor
community space (patio and courtyard).
7. Flood Control and Drainage: This project will be required to collect and convey all
runoff to an adequate natural or manmade drainage facility. Evidence:
Correspondence from Public Works Department.
(Ref. The Growth Management Element, Chapter 4, of the General flan)
CONDITIONS OF APPROVAL FOR RZ983064, MS980018, AND DP983017
Administrative
1. This approval for not more than 50 affordable senior citizens residential units
(Parcel A) and commercial use (Parcel B) is based upon thle exhibits received
by the Community Development Department listed as follows:
A. Exhibit A - Vesting Tentative Map for Minor Subdivision #980018
received on Septernber 17, 1998 by the Community Development
Department for 2 lots on the 2.05 acre site.
B. Exhibit B - Final Development Plan, Floor Plans, and Elevations for
the 50-unit senior housing complex received on September 17, 1998
and revised plans received January 25, 1999, by the Community
Development Department.
The approval is also based upon the following reports:
C. A Cultural Resources Study for the Proposed Senior Apartment
Complex, Rodeo, Contra Costa County (July 1998)
D. An Evaluation of Historical Archaeological site in the Rodeo Senior
Apartment Complex Project Area. Rodeo, CA (September 1998)
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E. Rodeo Senior Housing - Environmental Noise Analysis (June 29,
1998) and Amendment (November 10, 1998)
F. Phase I Environmental Site Assessment - Proposed Rodeo Senior
Housing & Commercial Development (February 13, 1998)
2. The approval is for a 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
filing fee. An extension request is subject to review and approval of the
Zoning Administrator.
3. Unless otherwise indicated, the following conditions shall be complied with
prior to filing the Parcel Map. The maximurn number of lots approved for this
development/subdivision is two lots. The approval of vesting tentative map
for Minor Subdivision #980018 and Development Plan 9983017 is contingent
on final approval of Rezoning #983064 by the Board of Supervisors. The
Subdivision and Development Plan approval is subject to any requirements
imposed by the.Board of Supervisors in any approval of the Rezoning by the
Board. The filing period of the Rezoning/Final Development Plan shall run
concurrently with the time limits of the approval subdivision..
4. The rezoning to P-I and Final Development Plan request is approved to allow
for the development of a 50-unit senior housing complex on Parcel A.
5. The rezoning to P-I and Preliminary Development flan request is approved
to allow for the development of a commercial use, subject to approval of a
Final Development Plan, on Parcel B:
6. The proposed buildings shall be similar to that shown on submitted plans.
Prior to the issuance of a building; permit, elevations and architectural design
ofthe 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, television aerials, etc., or screened frorn view. .1he building shall
be finished in stucco with wood trim or other materials acceptable to the
Zoning Administrator. The applicant shall further develop the parking plan
and submit it to the Director of Community Development for administrative
review and approval. If the Director of Community Development determines
that the plan needs to reviewed by the Planning Commission, it shall be
referred to the Planning Commission.
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7. Except as specified in these conditions and the exhibits described above, the
guide for development on Parcel A shall be the Multiple Family Residential
(M-29) district and the guide for development on Parcel B shall be the
Commercial (C) 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 of building permits.
The standards for approval of Parcel A include:
Building Height: 3 and one-half stories or 42 ft.
Front yard setback: 20 ft.
Street side yard setback: 10 ft. minimum
Interior side yard setback: 5 ft. minirnum
Rear yard setback: 5 ft. minimum
The standards for approval of Parcel B include:
Building Height: 50 ft.
Front yard setback: lOft.
Side yard setback: 5 ft. rninimum
Rear yard setback: 5 ft. minimurn
8. This application is subject to an initial application fee of$1,075.00 which was
paid with the application submittal, plus tirne and rnaterial costs if the
application review expenses exceed 100/0 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 perrnit issuance.
Indemnification
9. 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.
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Utilities:
10. Final development plans shall comply with the requirements of the Rodeo-
Hercules Fire Protection.District including provision for water supply and fire
hydrants, as determined by the District.
11. A will-serve letter from the Rodeo Sanitation District shall be submitted prior
to recording the Final Map.
12. A will-serve letter from the East Bay Municipal Utility District shall be
submitted prior to recording the Final Map.
TDM Conditions:
13. 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:
14. New residences or other 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. To meet the indoor noise standard of DNL 45 dB, the acoustical
analysis indicates that Sound Transmission Class (STC 31) windows and
sliding-glass doors would be required for the one-story building at the corner
of Willow and San Pablo Avenues. STC 28 windows and sliding-glass doors
would be required for the following facades: top floor units facing and nearest
San Pablo Avenue and the upper and ground floor facades of the multi-story
building facing Willow Avenue. The windows throughotit the rest of the
project would reed to be sound-rated. However, all the windows and/or
sliding glass doors would need to be in the closed ;7osition to achieve the
indoor noise standard. Title 24 of the California Code of Regulations requires
that adequate ventilation be provided in these rooms so that the windows can
remain in their closed position, while maintaining a habitable environment.
MITIGATION MEASURE
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Geologic Conditions:
15. A grading bond shall be required for the work necessary to carry out the
recommendations of the preliminary soil report. Sufficient subsurface
information shall be provided to estimate the cost of required soil
improvements.
16. The applicant shall submit grading plans for review and approval of the
Community Development Department prior to issuance of graving permits.
IT The applicant shall use sound engineering judgrrent and the latest Uniform
Building Code (UBC) requirements as a minimum. MITIGATION
MEASURE
18. The applicant shall keep exposed soils moist by occasionally sprinkling the soil
surface with water for several days prior to the placement of concrete for
foundation construction. Moisture variation shall be prevented at this site.
MITIGATION MEASURE
Erosion Control:
19. At least 30 days prior to the issuance of a 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 measures: 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 Adrninistrator.
Archaeology:
20. If any significant cultural materials such as artifacts, human 4prials, 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.
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21. In the event of discovery or recognition of any human remains on the site,
there shall 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.
Construction Conditions.
22. 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.M. to 5:00 P.M., Monday through
Friday, and shall be prohibited on state and federal holidays.
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 individuals responsible for noise and
litter control, tree protection, construction trafc 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 major grading and construction activity.
A copy of the notice shall be concurrently transmitted to the
Cornrnunity Developirent Department. The notice shall be
accompanied by a list of the names and addresses of the property
owners noticed, and a crap 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.
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.
F. Transporting of heavy equipment and trucks shall be lirnited to week
days between the hours of 9:00 A.M. and 3:00 P.M. and prohibited on
Federal and State holidays. If the applicant finds that this causes a
problem, the applicant can make an application to the Director of
Community Development, who car, administratively amend the
application in consultation with the chair of the Planning Commission,
if such amendment is deemed by the chair to be advisable.
G. The site shall be maintained in an orderly fashion. Following the
cessation of construction activity, all construction debris shall be
reproved from the site.
23. The project shall comply with the dust control requirements of the Grading
Ordinance including provisions pertaining to water conservation.
24. Durinal the 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.
25. 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 recline 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.
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Landscaping:
26. 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. 9059). 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, 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.
27. Privately maintained open space areas 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.
28. Exterior lights shall be deflected so that lights shine onto applicant's property
and not toward adjacent properties.
Water:
29. 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.
30. All toilets shall be low-flow units in accordance with Section 17921.3 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/Fire Protection:
31. Prior to the establishment of the use, the plans for this project shall be
submitted for review by the County Sheriff s Department for suggestions or
changes that could be made to design defensive crime prevention measures.
11fagreernent cannot be reached, the matter can be brought back to the Zoning
Administrator for decision.
Il
32. All residential buildings shall have fire resistant roofs and exterior materials.
All residential buildings shall have fire protection sprinklers and alarms per the
requirements of the Rodeo/Hercules Fire Protection District and shall include
sprinklers.
33, All residential buildings shall display a street number in a prominent location
on the street side in such a position that the number is easily visible to
approaching emergency vehicles. The numbers shall be no less than four to
six inches in height and shall be of contrasting color to the background to
which they are attached. The numerals shall be lighted at night. Directional
signs shall be installed where appropriate inside the building to facilitate
location of individual units within the complex.
Flood Control:
34. Construct a storm drain infrastructure system throughout the proposed project
that safely conveys runoff from individual homes, lots, and streets to the major
creeks via system of culverts, gutters, and swales constructed to jurisdictional
standards.
Waste Minimization/Energy Conservation:
35. 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 Inspection Department plan
checking process.
36. Include florescent fixtures. In addition to the requirements for fluorescent
lighting in kitchens and bath as prescribed by the Energy Standards, all fixed
I
ighting in non-living space (i.e., closets, garages, utility rooms, 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 treasure. All homes should initially be outfitted with
fluorescent bulbs where appropriate. This shall be a conilOion of final map
approval and verified before issuance of the occupancy permit.
37. 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 100% of the homes in the planning area. Alternative
measures to achieve the 5% overall reduction should receive equal
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consideration. Inclusion of these measures would not be part of Title 24
compliance, but rather an additional conservation treasure. In addition, all
pools built in the planning area should be heated using solar heaters or
equipped with a solar blanket.
Public Works onditions for DP983017
Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County
Ordinance Code. Any exceptions must be stipulated in these conditions of approval.
Conditions of Approval are based on the plan submitted to Community Development on
September 1i, 1998.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO
ISSUANCE OF A BUILDING PERMIT.
General Requirements:
38. Applicant shall submit improvement plans prepared by a registered civil engineer to Public
Works and pay appropriate fees in accordance with the County Ordinance Code and these
conditions of approval for street or drainage improvements, where applicable. The following
conditions of approval are subject to the review and approval of Public Works.
Roadway Improvements (Frontage):
39. Applicant shall construct curb, 2.0 teeter (6.5± foot) sidewalk (width measures from face of
curb), necessary longitudinal and transverse drainage, street lighting, border landscaping and
irrigation, pavement widening and adequate transitions along the frontages of Willow Road
and San Pablo Avenue. The face of curb shall be located 3.0 meters (10± feet) from the right
of way line along Willow Road, and conform to the edge of pavement along San Pablo
Avenue, subject to the review and approval of the Public Works Department. Prior to
issuance of a building permit, the applicant shall present to the Director of Community
Development or his designee, a plan which will be worked out with the Public Works
Department for options relating to sidewalks.
40. Applicant shall contact the local bus transit agency and request whether additional pavement
widening transitions and related right ofway dedications are required for bus pullouts along
this frontage. If the agency requests a bus pullout, its design and configuration shall be
subject to review of both the local bus transit district and Public Works, and the review and
approval of the Zoning Administrator. Prior to issuance of a building permit, the applicant
shall present to the Director of Community Developrnent or his designee, a plan which will
be worked out with the local bus transportation agency and the Public works Department for
options relating to sidewalks and bas pullouts areas, etc.
r
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Access to Adjoining Property:
41, 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, emergency
access, pedestrian and drainage improvernents.
Site Access
42. Applicant shall relinquish abutter's rights of access along the Willow Road and San Pablo
Avenue frontage of this property, with the exception of the access points shown on the
applicant's site plan; as specifically approved under these conditions of approval. The
northern driveway shall be limited to right turns in and out only.
43. Provide a private access easement over Parcel B in favor of Parcel A, for the southerly
driveway, as shown on the Site flan.
44. Applicant shall develop and/or enter into a maintenance agreement over the joint access
easement to insure its maintenance.
Sight Distance and Sketch Plan:
45. The applicant shall submit a preliminary improvement plan and profile to Public Works for
review showing all required improvements to the front County roads. The sketch plan shall
be to scale, show horizontal and vertical alignments, transitions, curb lines, lane striping and
cross sections and shall provide adequate sight distance at the project driveways for a design
speed of 70 kilometers per hour (45 miles per hour) based on Caltrans standards. The plan
shall extend a minimum of 50 ureters(l G4±feet) beyond the limits of the proposed work. This
may require modification of the proposed landscaping, if necessary.
Private ;"toad:
46. Applicant shall construct the joint access serving Parcels A and B as a 15-meter (49±foot)
read within a 18-meter(594-foot) access easement to County private road standards; subject
to the review and approval of Public Forks.
.,A
Noise Studies and Mitigation:
47. Any noise studies which may be required shall be based on ultimate read widening and
ultimate traffic under the General Flan. The applicant shall install any soundwalls which may
be required outside of the public road right of way. Mitigation shall be subject to the review
and approval of the Zoning Administrator.
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Pedestrian Access:
48. The applicant shall design all public and private pedestrian facilities with "Title 24 (Handicap
Access) and the Americans with Disabilities Act.
UtilitiesfUndergrounding;
49. Applicant shall underground all new and existing utility distribution facilities, including those
along the frontage of Willow Road and San Pablo Avenue.
Drainage Improvements:
Collect and Convey
50, The applicant shall collect and convey ail storm water entering and/or originating on this
property, 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, in accordance with Division
914 of the Ordinance Code.
51. Applicant shall design and construct all storm drain facilities in compliance with the Ordinance
Code and Public Works design standards.
Miscellaneous Drainage Requirements:
52. Applicant shall prevent storm drainage from draining across the sidewalk and driveway in a
concentrated manner.
53. The applicant may work with the Public Works Department to resolve the question of
whether or not a drainage system and dedication of a public drainage easement over the
drainage system that conveys storm water run-off from public streets are needed and present
their findings to the Director of Co,nmunity Development and/or the Zoning Administrator
for review and approval administratively.
National Pollutant Discharge Elimination System (NPDES) �
54. The applicant shall be required to comply with all rules, regulations, and procedures of the
National Pollutant Discharge Elimination Systerns (NPDES) 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 - Region 11).
i5
Compliance shall include developing long-term best management practices (BMP's) for the
reduction or elimination of storm water pollutants. The project design shall incorporate
wherever feasible,the following long-term BMP's in accordance with the Contra Costa Clean
Water Program for the site's storm water drainage:
Minimize the amount of directly connected impervious surface area.
Stenciling all storm drains with "No Dumping, Drains to Bay" thermoplastic tape.
Construct concrete driveway weakened plane joints at angles to assist in directing run-off to
landscaped/pervious areas prior to entering the street curb and gutter.
Filtering inlets.
Sweep the paved portions of the site once a year from September 1 and October 15 utilizing
a vacuum type sweeper. Invoices shall be submitted to the Contra Costa.County Clean Water
Program Administrative Assistant at 255 Glacier Drive, Martinez, CA 94553 (925) 313-2238.
Trash bins shall be sealed to prevent leakage or located within a covered enclosure.
Other alternatives as approved by the Public Works Department.
Metric Units.
55. All first check and subsequent sub►nittals and accompanying shall be in metric units.
Exceptions may be permitted by Public Works based on evidence of substantial hardship.
Public Works Conditions for Minor Subdivision 98.0.0's 8
The attached conditions of approval based on the September 17, 1998 vesting tentative map
include road and drainage requirements. The applicant should be fully are of the County
Subdivision Ordinance Code requirements its they pertain to this development.
General Requirements:
56. The following requirements pertaining to drainage, road, and utility improvements will require
the review and approval of the Public Works Department. In accordance with Section 92-
2.007 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.
57. Applicant shall submit improvement plans prepared by a registered civil engineer to Public
works and pay appropriate fees in accordance with the County Ordinance Code and these
conditions of approval for street or drainage improvements, where applicable.
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Roadway Improvements (Frontage):
58. Applicant shall construct curb, 2.0 meter (6.5± foot) sidewalk(width measured from face of
curb), necessary longitudinal and transverse drainage, street lighting, border landscaping and
irrigation, pavement widening and adequate transitions along the frontages of Willow Road
and San Pablo Avenue. The face of curb shall be located 3.0 meters (10+ feet) from the right
of way line along Willow Road, and conform to the edge of pavement along San Pablo
Avenue.
59. Applicant shall contact the local bus transit agency and request whether additional pavement
widening, transitions and related right of way dedications are required for bus pullouts along
this frontage. If the agency requests a bus pullout, its design and configuration shall be
subject to review and approval of both the agency and the Public Works Department.
Exemption and Deferred Improvement Agreement
60. As this subdivision is to split property for financing purposes and subsequent development
of the parcels will require further entitlement permits, an exception from the construction
requirements of the above outlined improvements is granted providing a deferred
improvement agreement (DIA) is executed by the owner requiring their construction when
deemed necessary by the County. At the time the deferred improvement agreement is called
up, improvement plans must be submitted to the Public Works Department, .Engineering
Services Division, for review, pay the inspection fee, plan review fee and applicable lighting
fees. This deferment does not include the necessity to contact the transit agency and dedicate
any additional right of way as gray be required for bus pullouts.
Access to Adjoining Property:
61. 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, emergency
access, pedestrian and drainage improvements.
Site Access
62. Applicant shall relinquish abutter's rights of access along the Willow RoAd and San Pablo
Avenue frontage of this property, with the exception of the access points shown on the
applicant's sight plan, as specifically approved Under these conditions of approval. The
northern driveway shall be limited to right turns in and out only.
63. Provide a private access easement over Parcel B in favor of Parcel A as shown on the Site
Plan.
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64. Applicant shall develop and/or enter into a maintenance agreement with Parcel B over the
joint access easement to insure its maintenance.
Noise Studies and Mitigation:
65. Any noise studies which may be required shall be based on ultimate road widening and
ultimate traffic ander the General Plan. The applicant shall install any soundwalls which may
be required outside of the public road right of way. Mitigation shall be subject to the review
and approval of the Zoning Administrator.
Pedestrian Access:
66. The applicant shall design all public and private pedestrian facilities in accordance with Title
24 (Handicap Access) and the Americans with Disabilities Act.
Drainage Improvements:
Collect and Convey
67. The applicant shall collect and convey all storm water entering and/or originating on this
property, 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, in accordance with Division
914 of the Ordinance Code.
Exception
68. If the applicant rezones this property to P-111, maintains the existing drainage pattern and does
not concentrate storm water runoff to adjacent property or public streets, the applicant will
be granted an exception from the collect and convey provisions of the Ordinance, subject to
the review and approval of Public works.
Metric Units:
69. All first check and subsequent submittals and accompanying shall bei,in metric units.
Exceptions may be permitted by Public Works based on evidence of substantial hardship.
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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 OF
ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET
IN ORDER TO PROCEED WITH DEVELOPMENT,
A. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare
Fee Ordinances 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. The applicant will be required to pay only one-third of the current peak-hour
trip rate per unit that is in effect at the tune of issuance of the building permit for the senior
housing project.
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
affect any fish and wildlife resources, per the Fish and (:came Cade.
C. 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.
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 Sanitaiy District (see attached).
F. Comply with the requirements of the Rodeo/Hercules Fire Protection District (see attached).
G. Comply with the requirements of the Health Services Department, Environmental Health
Division.
H. Comply with the requirements of the Building Inspection Department, Bolding permits are
required prior to the construction of most structures.
I. NPDES Requirements - The applicant shah be required to comply with all rules, regulations,
and procedures of the National Pollutant Discharge Elimination System (NPDES) per.nit 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-Region 11 or Central Valley-Region V).
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1 Vesting TentativeMap 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 19, 1998, the date the vesting tentative map application was
accepted as complete by the Community Development 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 specified in the conditions of approval.
An estimate of the fee charges for each approved lot may 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 apr2licant is advised that the election.process takes from
3 to 4 months anti gust be completed prior to recording the final map.
L. The Developer has received an allocation of Community Development Block Grant, HOME,
and Redevelopment funds for the project. The developer shall comply with the requirements
of the agreements with these agencies, including the affordability levels of the units.
MT/aa
1. RZII/3064-RZc.MT
2/3/99
3/2/99 - B/S (a)