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HomeMy WebLinkAboutMINUTES - 05181999 - D5 a _L D'S Contra TO: BOARD OF SUPERVISORS ' 'f Costa f'5s ON "' County FROM: Dennis M: Harry �v DIRECTOR OF COMMUNITY DEVELOPMENT DATE: May 18, 1999 SUBJECT: Hearing on Rezoning application (4RZ983057) to rezone approximately 916 acres of land designated for various uses in the County Genera' Plan and Oakley Old Town Specific Plan to Planned Unit District (P-1) , within the Oakley Redevelopment Area, in the Oakley area of east Contra Costa County. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) t BACKGROUND AND JUSTIFICATION RECOMMMENDATIONS Approve the project as per the East County Regional Planning Commission' s conditions of approval . 1 . Accept the recommendation of the East County Regional Planning Cor, ission and the findings for the same, as stated in Resolution No . 7-1995. 2 . Open the public hearing, accept testimony, and close the public hearing. 3 . Find that the proposed Negative Declaration is adequate for the purposes of compliance with the California Environmental Quality Act and adopt same. 4 . Approve the rezoning of the area to the Planned Unit District (P-1) , subject to the conditions of approval, design guidelines, and findings, as recommended by the East County Regional Planning Commission as shown on the attached Conditions of Approval marked "Exhibit A" . 5. Adopt fee schedule for the Oakley Planned-Unit District (Exhibit B) . CONTINUED ON ATTACHMENT: x YES SIGNATURE : RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE .. APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON May 1.8 , 1999 APPROVED AS RECOMMENDED XX OTHER ,X SEE THE ATTACHED ADDENDUM FOR BOARD ANION. 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 335-121.5 Orig: Community Development Department ATTESTED - may 18 , 1999 cc: Redevelopment Agency PHIL BATCHELOR, CLERK OF Public storks THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY 2 . 6. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adaption of sante. 7 . Direct staff to fire a Notice of Determination with the County Clerk. FISCAL IMPACT None BACKGROUND/REASONS FOR. RECOMMENDAT-IONS On January 26, 1998 the Oakley Municipal Advisory Council (OMAC) set the Oakley Planned-District (P-1) Rezoning proposal as a high priority, by selecting three GMAC members to work with staff in developing a land use Matrix, development standards and design guidelines. On October 26, 1998, staff presented the draft P-1 proposal to GMAC. OMA.0 recommended approval of the proposal. In a Joint OMAC/City Council Elect meeting, GMAC ratified their earlier approval of the proposed rezoning and the Oakley City Council Elect endorsed the rezoning proposal. The proposal would, rezone properties in the Oakley Redevelopment area from their current zoning designations (R-6, S.ingl e--Famill y Residential; D-1, Two- Family Residential; M-17, kfu.ltiple-Family Residential; 1?4-29, Y2ultiple-Family Residential; R--B, Retall Busliness; N--B, Neighborhood Business; L-1 Light industrial; P-1, Planned Unit District) to the Planned Unit District. This action will establish zoning conformity with the existing General Plan and the Oakley Old °Town. Specific Plan. Land uses proposed by the rezoning are consistent with the General. Plan and Specific Plan. This Rezoning and Preliminary and Final Development Plan also implements some procedural changes recommended by the State of California, Office of Permit Assistance regarding perms t streamlining. In addition, this proposal would further some of the goals, policies and implementation measures in the General Plan, The development plan identifies land uses which are permitted, conditionally permitted (administratively or with a land use permit) , or not permitted in the various lana use designations. The development plan also identifies a plat: review process for new development. Future development within the project area will be subject to the California Environmental Quality Act (CEQA) as development proposals are submitted. The East County Regional Planning Commission held a public hearing on this iters. on February 1, 1999, and continued it to March 1, 1999, and April 5, 1999. The East County Regional. Planning Commission requested and received a letter from the Oakley City Council Elect confirming their support for the rezoning and final development plan proposal. On April 5, 1999, the East County Regional Planning Commission found, the Negative Declaration adequate for consideration of this project, adopted a motion recommending that the Board of Supervisors approve Rezoning #983057 to Planned Unit District (P-1) as shown on Exhibit A and approved. the Final Development Plan #983008 subject to the attached conditions of approval, and design. guidelines. The Commission further recommended that the area of 11 Acme Street received attention as appropriate by the Board of Supervisors or the Oakley City Council, regarding a discrepancy in the General Plan/Specific Plan. The correction to the findings map for the Oakley Old Town Specific Plan adoption and General. Plan amendment is set for the Board of Supervisors on May 18, 1399, C:\DATA\WP60\DAKLEYP1142983057.802 ADDENDUM TO ITEM D.5 May 18, 1999 Agenda This is the time noticed by the Cleric of the Board of Supervisors for the hearing on the recommendation of the Contra Costa County Planning Commission on the request by the County of Contra Costa(Applicant)to rezone and adopt a preliminary and final development plan for properties in the Oakley Redevelopment Area. The proposal would rezone the properties from R-6, Single-Family Residential; D-1,Two-Family Residential; M-17, Multiple-Family Residential; M-29, Multiple-Family Residential; R-B, Retail Business; N-B,Neighborhood Business; L-I, Light Industrial; P-1, Planned Unit District to the Planned Unit District. This action would establish zoning conformity with the existing General Plan and Specific Plan. (County File#RZ 98-3057 and County File#DP 98-3008) Dennis Barry, Community Development Department Director presented the staff report and recommendations. He suggested that the Board direct the Community Development Department staff to conform the land use map included in the attachments to include the Carol Lane general Plan Amendment, and include that in the next consolidated General Plan Amendment. and to file a notice of determination with the County Clerk. Maureen Toms of the Community Development Department was also present. The public hearing was opened, and the following people offered comments: Dennis Barry, (not related to the Community Development Director),representing Cecilia Rodriques,115 10th Street, Pacific grove, CA; Gladys Mercer, Oakley Builders Supply, P.O. Box 196, Oakley. The public hearing was closed, and the Board considered the matter. Supervisor Canciamilla questioned whether the action taken today would have an impact on the Oakley Builder's Supply, their"grandfathering", and their ability to continue to operate. Dennis Barry responded that if there is a land use permit, that will continue to run with the land until it is abandoned. It would be a lawful use of the property. Supervisor Canciamilla inquired if the Oakley City Council or Oakley Municipal Advisory Counsel had any questions in reference to the Highway 4 alignment. Ms. Toms responded that that the City Council-elect members would like to revisit the Specific Plan,review it and possibly make amendments to it after July 1, 2000. Supervisor Canciamilla said that was his understanding of some of the concerns that have been raised, and the upcoming impact to Oakley of the Highway 4 bypass. Supervisor Canciamilla moved the staffs recommendations, with the inclusion of the Carol Lane matter taken up as DA, and the notice to the Assessor's Office. Supervisor Gioia seconded the motion. The vote was unanimous. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERM!T APPLICANT: CCC Community Development APPLICATION NO. DP983008 651 Pine St., 4th Fl., N.W. RZ983057 Martinez, CA 94553 ASSESSOR'S PARCEL NO. Various OWNER: Same as above ZONING DISTRICT: P-1 APPROVED DATE: 5/18/99 EFFECTIVE DATE: 5/18/99 This is to notify you that the Board of Supervisors has granted your request for a final development pla and rezoning, subject to the attached conditions. DENNIS M. BARRY, AICP Community Deve�pment Director B � A("y� t-- ROBERT H. DR KE DepLity Zoning Administrator PLEASE NOTE THE EFFECTIVE DATE. and he 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 MAI'. CO-NDITIONS-OF APPROVALFORDP983008 AND RZ983057 GENERAL NNOTE: The incorporation of the City of Oakley will take effect on July 1, 1999. At that time, the City will assume responsibility for all local governmental functions. The County Ordinance Code is subject to adoption by the City of Oakley after July 1, 1999. Responsibilities of the Zoning Administrator and Planning Commission will be reassigned after July 1, 1999. References to the responsibilities of the Board of Supervisors will change to the Oakley City Council after July 1, 1999. 1. All land located in the Oakley Redevelopment Plan Area is to be used as allowed and regulated in this Oakley Planned-Unit District. Existing approved land use permits will not be subject to any additional development regulations for the use/development approved. 2. Wherever there appears to be a conflict between this Planned-Unit District and Title 8 of the County Ordinance Code, this Planned-Unit District shall prevail. For development standards not covered by this Planned-Unit District, Title 8 shall be used as a guideline, 3. No person shall grade or clear land, erect, move or alter any building or structure on any land except in compliance with this Planned-Unit District. 4. All development and use of land shall comply with all criteria contained in the Land Use Map, the Oakley Land Use Matrix, the Development Guidelines, and the Design Guidelines. 5. Development shall comply with all design criteria, County Ordinances and applicable State laws. Supplemental reference documents may be attached to further define these requirements. These documents are incorporated by reference and may be amended from time to time to reflect changes in major community goals, policies, legislation, or to further define specific criteria pursuant to the procedures set forth in Section 84-66.1804 of the County Ordinance Code. 6. As part of permit approval, the Planning Agency may adopt standards, regulations, limitations and restrictions which are either more or less restrictive than those specified elsewhere in the Oakley Planned-Unit District. 7. In approving any application, the Planning Agency shall find it consistent with the intent and purpose of the Oakley Planned-Unit District and compatible with the other uses in the vicinity. 8. The Planning Agency may impose on any Permit reasonable conditions of approval to carry out the Purpose of this Oakley Planned-Unit District, 2 PROCEDURES 9. All development and use of property are subject to review as specified in the Land Use Matrix. In no case will more than one type of development application be required. Where a Land use Permit is required, it shall take precedence over any other type of required application. 10. The project/use shall be maintained in compliance with all applicable conditions of approval at all times. An annual fee may be required to provide for adequate monitoring of conditions of approval. 11. Appeals of any decision rendered pursuant to the Oakley Planned-Unit District resulting from a public hearing before the Zoning Administrator may be appealed to the Planning Commission in accordance with Article 26-2.24 of the County Ordinance Code. Administrative decisions may be appealed in accordance with Article 14-4.004 within 30 days of rendering the decision. 12. A motion for reconsideration of any decision rendered pursuant to the Oakley Planned-Unit District, either administratively or after a public hearing, may be heard by the hearing body having rendered the decision in accordance with Article 26-2.24 of the County Ordinance Code. 13. The Zoning Administrator shall review applications for modifications to a permit in accordance with Section 84-66.1804 of the County Ordinance Code. 14. Application fees within the Oakley Planned-Unit District shall be established by the Board of Supervisors and may differ from similar countywide fees. 15. A Development Permit, where required, may precede or accompany subdivision requests. 16. An applicant may submit simultaneously, and in combination with the Permit required by this ordinance, an application for subdivision approval. Such combined applications shall be processed, noticed and heard as required for the subdivision approval. DEVELOPMENT PERMIT IT A Development Permit is required for all new residential construction of three (3) or more units. Units may be attached or detached, in conjunction with a subdivision application pursuant to Titles 8 and 9 of the County Ordinance Code or within a single building. A Development Permit is required for all new non-residential structures or buildings and additions to non-residential structures which exceed 50% of the existing floor area of the building or 10,000 square feet whichever is less. 3 18. Development Permits shall be processed in accordance with Article 26-2.21 of the County Zoning Ordinance. Notification of all property owners within 300 feet is required. 19. Development Permit hearings shall be held as requested and may be initially heard by the Zoning Administrator. The Zoning Administrator may refer the application to the Planning Commission for initial hearing. 20. A Development Permit shall become null and void if within two (2) years after the approval, the construction specified in the Permit has not been commenced unless otherwise stated in the Conditions of Approval. When a Development Permit is accompanied by a subdivision application and approval, the length of the validity of the Permit shall be consistent with the subdivision. 21. For a Development Permit not processed in conjunction with a subdivision application, the applicant may submit an Administrative Permit requesting an extension of the approval and the Zoning Administrator may grant not more than five extensions, each for no more than one year, upon showing of good cause. An application for an extension shall not be considered unless it is submitted before the expiration of the Development Permit. LAND USE PER_VIITS 22. Land Use Permits are required as designated in the Land Use Matrix for uses which are not permitted by right, but under certain circumstances are found to be compatible within the subject land use designation. 23. Public hearings are required for all applications for Land Use Permits which shall be processed in accordance with Article 26-2.20 of the County Ordinance Code and shall be initially heard by the Zoning Administrator. The Zoning Administrator may refer the application to the Planning Commission for initial hearing. 24. An approved Land Use Permit shall become null and void if within two (2) years after the approval, the construction specified in the Permit has not been commenced or the use has not been established unless otherwise stated in the Conditions of Approval. 25. Upon written showing of good cause Land Use Permit <nay be extended administratively one time for a period of one year. An application for an extension shall not be considered unless it is submitted before the expiration of the Land Use Permit. 4 ADMINISTRATIVE PERMITS 26. An Administrative Permit is required as designated on the Land Use Matrix for certain uses which require strict adherence to specific criteria, temporary uses, changes in occupancy in existing buildings, minor additions (less than 50% of the existing gross floor area or 1.0,000 square feet whichever is less) of existing non-residential buildings, alterations to residential structures of three(3)or more units, Development Permit extensions and modifications to the Development Standards, 27, The Zoning Administrator has the authority to require notification of nearby property owners if deemed appropriate for Administrative Permits. If required, notification shall be processed in accordance with Article 26-2.2004 of the County Zoning Ordinance. 28. An Administrative Permit shall automatically expire a rnaximum of one year from the date of approval, if the use is not established. Administrative Permits may be conditioned for a lesser time of validity. 29. Upon a written showing of good cause, an Administrative Permit may be extended administratively once for a maximum of one year. An application for an extension shall not be considered unless it is submitted before the expiration of the Administrative Permit. USES 30. Uses may be permitted in the designated land use categories in accordance with the Land Use Matrix or approved permit. 31. Any non-conforming use lawfully existing at the effective date of this Oakley Planned-Unit District on that property may be extended or enlarged in accordance with Chapter 82-8 of the County Ordinance Code (issuance of a Land Use Permit) and the Oakley Planned-Unit District. 32. Existing buildings and structures which do not conform to current standards but contain uses which conform to the Oakley Planned-Unit District are not subject to "Non-Conforming Use" requirements and may be repaired or rebuilt in accordance with Chapter 82-8 of the County Ordinance Code. Additions to buildings and structures nonconforming`to development standards contained herein shall be allowed subject to compliance with all requirements of this ordinance for the proposed new construction. 33. Ston-conforming agricultural uses existing at the effective date of this Planned-Unit District may be altered without a Lard Use Permit from one agricultural use to another, extended or enlarged. 5 34. The Zoning Administrator shall specify the appropriate designation of any land use not specifically listed in the Land Use Matrix and not similar to any other use listed in the Matrix. Such uses shall be made a part of the Land Use Matrix by policy and incorporated in fixture amendments. DEVELOPMMNT PQLICIES 35, These development policies are applicable to all development proposed within the Oakley Planned-Unit District boundaries. These policies provide for a transition between two land uses or two land use designations or relate to physical constraints. 36. Building bulk, height, land coverage, visual appearance from adjacent land, and design compatibility with existing adjoining development and land use designation, shall be considered and controlled. 37. A development's design shall successfully integrate individual buildings and building groups with surrounding development, other physical features in the area, and existing development which will remain. 38. The design of structures should provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one building type of another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the unique character of the area. 39. Off-street parking and loading areas should be integrated into the overall vehicular circulation system. 40. Development applications should ensure that adequate buffer zones are provided between unlike land uses. 41. New businesses and construction project shall make best efforts to hire employees workers and subcontractor cornponents at the job from the Oakley community. 42. All new residential development should include attractive and varied designs which avoid monotonous streetscapes and improve the duality of life for residents. Exterior materials and colors, staggered setbacks, frontage improvements, adequate and safe parking and yard areas and landscaping should be considered. 43. Provisions are to be made for an efficient, direct and convenient system of pedestrian circulation, together with landscaping and appropriate treatment of any public areas or lobbies. 6 44. All uses shall comply with any applicable regulations of the Bay Area Air Quality Management District, the Regional Water Quality Control Board, the San Francisco Bay Conservation and Development Commission, the State and County Health Departments and any other regulatory agencies affecting the site/project. 45. Monitoring may be required on projects/uses with conditions of approval that require continuing obligations (i.e., maintenance). 46. Protect the solar access of existing agricultural uses. Submit shadow analysis for projects adjacent to existing agricultural uses. DEVELQPMET T STANDARDS 47. These development standards are to be observed for any development, construction and/or change in use. 48. Trails and public access corridors should be clearly delineated. Provide fencing or barriers to natural areas where necessary to protect habitat areas and public safety. All trails shall be accessible to the handicapped and disabled. 49. All outdoor lighting should be directed down and screened away from adjacent properties and streets. 50. To the extent provided by law, 3:1 compensatory mitigation of any project directly impacting a`significant wetland' may be required based on conditions imposed by the U. S. Army Corps of Engineers and/or the San Francisco Water Quality Control Board. 51. All native trees with a trunk circumference of 72" or more measured 4'h feet above the ground shall be protected. An applicant shall demonstrate why the removal of such tree(s) is unavoidable. 52. Setbacks of 100 feet from the edge of wetland areas, or the flow line of a creek, are required. 53. No structure(including but not limited to fences and gateways) or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a street shall be constructed, grown, maintained or permitted higher than 2'/2 feet above the curb grade or 3 feet above the edge of pavement within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines 25 feet back from the point of intersection. 7 RESIDENTIAL 54. All residential projects with three(3)or more units are required to include a minimum of 15% affordable housing units. 55. Projects with five(5) or more residential units may be eligible for a density bonus according to policies established by the Board of Supervisors and administered by the Redevelopment Agency. 56. Exterior materials shall be those customarily used in conventional single family homes. 57. Pitched roof and window trim shall be used. 58. For single-family residences with 3 bedrooms or less, the project shall include a minimum of a one car garage and one car parking in the driveway per unit. In addition the project must include two of the following three items: A. An additional enclosed parking space. B. Front landscaping and irrigation in accordance with the Water Conservation Landscaping requirements of Chapter 82-26 of the County Code, or C. Rearyard solid fencing. 59. For single-family residences with 4 bedrooms or more, the project shall include a minimum of a two car garage and two car parking in the driveway per unit. In addition the project must include two of the following three items: A. An additional enclosed parking space. B. Front landscaping and irrigation in accordance with the Water Conservation Landscaping requirements of Chapter 82--26 of the County Code, or C. Rearyard solid fencing. 60. The 50-unit Golden Oak Senior Housing Project on Oakley Road is approved per Development Plan #DP943022 and subject to the Conditions of Approval therein. 61. The 24-unit Silver Oak Housing project is approved per Development Plan 9DP943005 and subject to the Conditions of Approval therein. 62. The 129 residential California Sunrise Project (Tract 7365) is approved per Development Plan #DP893022 and subject to the Conditions of Approval therein. 8 NQN-RESIDENTIAL 63. Projects involving hazardous waste or hazardous materials shall comply with the provisions of Chapter 84-63 of the County Ordinance Code as amended from time to time. Health risk assessments as required by the Bay Area Air Quality Management District shall be submitted. 64. Landscaping on all frontages, and as a buffer to adjacent properties, shall be provided. 65. Any outdoor storage and maintenance area shall be screened from view from public streets. 66. All ground, wall and roof mounted equipment shall be screened from public rights-of-way and adjacent properties. 'Visual screens shall be painted or treated to match the color of the wall or roof. 67. Freight docks, loading areas, truck berths and heavy vehicle equipment storage shall be screened from all public rights-of-way and abutting uses, except where the abutting use is determined to be similar in nature. 68. Truck loading areas should not be placed within 25 feet of residential uses on adjacent parcels. 69. No storage tanks or process equipment may be located between any street and the respective building setback line. 70. No loading space, dumpsters or refuse areas shall be placed so as to face any public rights-of- way. 7L Yard areas abutting a street shall be landscaped and maintained. 72. Long curb radii and `red curb zones' witivn 25" of entryways shall be provided at intersections and driveways to accommodate truck turning movements. Loading and unloading operations shall not impact the public road system. 73. Adequate parking shall be provided on-site to minimize on-street parking which will facilitate the flow of truck traffic and maximize sight distance for turning movements to and from driveways. 74. Street level views of all automobiles and truck parking areas from public streets shall be screened. 75. A dual water system shall be provided wherever possible (per Chapter 82-30 of the County Ordinance) for all projects within a `dual water system area' greater than 15 acres or 120,000 square feet in floor area. 9 76. Limit activities which may result in noise, glare or vibrations extending beyond the property boundary. 77. Convenient bicycle parking areas shall be provided. 78. The Oakley Town Center Shopping Center, located at the Main Street/Oakley Road/Empire Avenue intersection is approved per Development Plan #DP893002 and subject to the Conditions of Approval therein. LIGHT INDUSTRIAL,The following criteria are additional requirements for all projects in the Light Industrial Land use Designation. 79. Prefabricated metal buildings should not be permitted. 80. All new utility distribution services shall be placed underground. 81. Driveways should not be closer than 150' to other driveways. Adjacent parcels should share driveway entrances if feasible. 82. Building masses are to be simple in form and have architectural articulation. Signage should be designed as part of the building. ARCHAEOLOGY 83. Should archaeological materials be uncovered during grading, trenching or other- on- site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate rnittgation(s), if deemed necessary. GRADING 84. The applicant shall submit grading plans for review and approval of the Community Development Department prior to issuance of grading permits to assure compliance with this Planned-Unit District, 85. No trees shall be removed without the prior written approval of the Zoning Administrator. LANDSCAPf.N 86. Parking lots shall be landscaped at a minimum ratio of one tree per four parking spaces for double-loaded stalls and one tree per six spaces for single-loaded stalls. 10 87. California native, drought-tolerant plants shall be used as much as possible. 88. Landscaping shall conform to the County Water Conservation Landscape Ordinance 82-26. 89. Landscaping shall be maintained by the developer/homeowners. SIG?vTS 90. All signs shall be subject to an Administrative Permit and the review and approval of the Zoning Administrator. -CON STRUCTION CONDITIONS 91. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:30 A.M. to 5:30 P.M., Monday through Friday, and shall be prohibited on State and Federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. 92. Construction sites shall be periodically watered sufficient to control dust. 93. Litter and debris shall be contained in appropriate receptacles on site and shall be removed as necessary. 94. Projects, creating 1,500 square feet or more of new impervious surface area, shall construct on site retention or detention facilities or install silt or grease traps in the storm drain systern for the proposed project drainage during project construction. CHILD CARE 95. Projects which will have (a) 100 or mord employees, (b) 15,000 gross square foot or more retail area, and/or (c) residential projects of 30 dwelling units or more shall comply with Chapter 82-22 (Child Care Facilities) of the County Zoning Ordinance. Prior to obtaining building permits, the proposed prograrn shall be submitted for the review and approval of the Zoning Administrator. 96. Projects which will have 29 or fewer dwelling units shall pay a fee towards a child care facility need in the area as follows: $400 per Single Family Residential. $200 per Unit for condominiums or townhornes. $100 per apartment unit with two or more bedrooms (studio and bedroom units are not subject to the fee). ll TRANSPORTATION MANAGEMENT 97. Projects which will have 100 or more employees or 13 or more dwelling units shall submit at least 30 days prior to the issuance of a building permit, a Transportation Demand Management (TDM) information prograrn in accordance with the requirements of Article 532-2.606 for review and approval of the Zoning Administrator. FIRE PROTECTION 98. Prior to issuance of building permit, the Fire District shall review all plans for development. 99. Sprinkler systems shall be required for all new non-residential development. 100. Sprinkler systems shall be required in new residential construction if the project is in excess of 1.5 miles from the nearest fire station. 101. All new buildings and major remodels shall have fire resistant roofs {Class Q. PUBLIC WORKS CONDITIONS OF APPROVAL LAND USE PERMITS AND DEVELOPMENT PERMITS NOTE: No all conditions of approval apply to all land use permits. The italicized code in parenthesis at the bottom of each condition of approval denotes the types of developments to which that condition may apply. The codes are as (allows: ARU Additional Residence (Urban) ARR Additional Residence (Rural) ZV Zoning 'Variance SUI Second Unit within Footprint of Main House SUD Second Unit Detached from Main House CMH Caretaker Mobile Home FMH Family Member Mobile Home CT Communications Tower HO Horne Occupation CD Commercial Development ID Industrial or Light Industrial Development For all other land uses, consult the Public Works Department. 12 QEIv`ERAL REQUIREMENTS NOTE: The incorporation of the City of Oakley will take effect on July 1, 1999. At that time, the City will assume responsibility for all local governmental functions. 102. The applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the Ordinance Code. Copies of these ordinances are available for review at the Public Works and Planning Departments. Any exceptions therefrom must be stipulated in this documented or granted by the Public Works Department. Conditions of approval are based on the site plan received by Community development. (All Developments) 103. Applicant shall submit improvement plans, prepared by a registered civil engineer, to Public Works and pay appropriate fees in accordance with the County Ordinance and these conditions of approval, if road or drainage improvements are required. (All Developi-rents) 104. Public/Semi-Public Uses: Conditions of approval for Public/Semi-Public land uses (e.g., parks, libraries, etc.) Vary based on the intensity of the proposed use. Contact the Public Works Department for specific conditions of approval. ROADWAY IMPROVEMENTS (FRONTAGE/ON-SITE/OFF-SITE) 105. Applicant shall construct curb, sidewalk, necessary longitudinal and transverse drainage, street lighting, and necessary pavement widening and transitions along the public road frontage of this project. The sidewalk width and curb requirements are as follows: Type of Development Sidewalk Width (Measures from Curb Face) and Curb Requirements Single-Family Residential (Parcel <20,000 sq. Curb and 5-foot Sidewalk Required Ft. Single-Family Residential (Parcel>20,000 sq. Curb and 5-foot Sidewalk May be Required Ft. Multiple-Family Residential Curb, 6-foot 6-inch Sidewalk Required Industrial Curb, 6-foot 6-inch Sidewalk Required on one side of the road only Commercial Curb, 10-foot Sidewalk Required 1 If the development does not fit into any of the above categories, but sidewalk is characteristic of the area, the applicant will be required to install sidewalk to match the surrounding parcels. The applicant shall construct face of curb parallel to the ultimate right of way centerline, except where tapering or turn lanes are needed. The distance from centerline is specified on Table A, unless otherwise specified by the Public 'Works Department. The applicant shall widen the existing pavement to conform to the new curb line. When widening the pavement, the applicant shall cut existing pavement to a neat line along an existing adequate structural section. Widening shall commence at the line and may require an exploratory trench or pothole to determine the limits of pavement widening. Adequate pavement transitions will be required. (AR U, CD, ID) For second residences on rural, agricultural parcels, the applicant shall provide interim pavement widening to at least a 14-foot lane width along the frontage. If the parcel size is five acres or greater, no frontage irnproven,ents will be required. (ARR only) 105. Applicant shall install safety-related improvements along the project's fronting public road (including traffic signs and striping) as approved by the Public Works Department, Transportation Engineering Division. (ARU, ARR, CD, ID) DRAINAGE IMPROVEMENTS 107. This development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. The following requirements must conform to Division 914: A. All storm waters entering and/or originating on the subject property shall be conveyed, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks. Conveying storm waters to an existing adequate public storm drainage facility that conveys the storm waters to an adequate natural watercourse shall also satisfy this requirement. NOTE: This condition may require the consultation of significant off--site drainage improvements. The applicant should consult with the Public Works Department to determine the extent of improvements needed to service the development, An exception to this requirement may apply under either of the following conditions: 14 1) If the subject parcel is greater than 5 acres in area and the proposed use is agricultural in nature, an exception from the above requirement will be granted provided the applicant maintains the existing drainage pattern and does not dispose concentrated storm water runoff onto adjacent property. 2) An exception will be granted if the proposed project results in a net increase of 1500 square feet or less of impervious surface. For non-residential and non-agricultural uses (CD or ID), all impervious surfaces created will be counted. For residential and agricultural use, only the building footprint area will be counted. (ARU, ARR, ZV, SUI, SUD, 01111, km) B. Applicant shall verify that the downstream drainage system is adequate to convey the required design storm (based on the ultirnate development of the watershed) and, if necessary, shall construct improvements to guarantee adequacy. C. 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. Copies of this ordinance are available for review at the Public Works and Planning Departments D. All drainage patterns created by this development and all improvements installed by the developer shall be consistent with the Drainage Area plan for that developir:ent's particular Drainage Area. E. Discharging concentrated storm water into roadside ditches is prohibited unless specifically allowed by the Public Works Depart;nent. 108. Storrn drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalk(s) and driveway(s). (ARU, ARIA, CD, ID) ACCESS TO ADJQINING PROPERTY 109. 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. (All Developinews, if applicable) 110. Applicant shall furnish proof to Public Works that legal access to the property is available from a public road. (All Deveiol)mertl.s, if'applicahle) 15 Ill. Obtain an encroachment permit from the Application and Permit Center for construction of any improvements within the public road right of way. If improvements are to be constructed within the State right of way, the applicant shall obtain an encroachment permit from Caltrans through the Public Works Department. (All LDeveloprnents, if applicable) 112. Access is only allowed at the locations shown on the approved site/development plan. On the following roads access shall be subject to the review of Public Works, and the review and approval of the Zoning Administrator. State Highway 4; Carol Lane; Nest Cypress road; Oakley Road; Neroly Road; Bridgehead Road; Sandy Lane; sive Oak Avenue; Empire Avenue; O'Hara Avenue; and Rose Avenue. (Al/Developments, if applicable) ROAD ALIGNMENT (VERTICAL AND HORIZONTAL SIGHT DISTANCE/GRADES) 113. The Public Works Department may require the applicant to submit a sketch plan prior to starting work on the improvement plass. The sketch plan shall be prepared by a registered Civil Engineer, and show all public road improvements, including the proposed and future edge-of-pavement lines, lane striping details, lighting and cross-sections. The sketch plan shall extend a minimum of 150-feet beyond the limits of the proposed work and will show that adequate sight distance will be provided. (ARU, .SRR, CD, ID) PRIVATE ROADS If private roads are to be utilized for project access, the following Conditions of Approval shall apply: 114. Applicant shall construct a turnaround at the end of the proposed private road. (CD, ID) 115. Applicant shall construct to City/County private road standards a 20-foot paved private roadway with 2-foot compacted shoulders within a 30-foot access easement. The private road shall extend from the public road to those parcels within the subject property that are to be served by the private road. (C.D, ID) 116. Applicant shall develop and enter into a n?aintenance agreement that will insure that the proposed private road will be maintained, and that each property that uses the proposed private road will share in its maintenance. (CD, ID) 16 ROAD DEDICATIONS 117. Applicant shall convey to the City/County, by Offer of Dedication, the right of way necessary for the planned future width along the public road frontage of the subject property. The planned future road widths for specific streets are listed in Table A. (ARU, ARR, CD, ID) STREET LIGHTS 118. Street lights shall be installed along the public road frontage of the property, in the following locations: A. Along all streets within one mile of an existing school or school site approved by the local school board; B. If the density is equivalent to that of an R-12 or higher density; C. For non-residential areas, or as required by the Public Works Department. If this property is not presently in Corinty Service Area L-100, or an equivalent City Service Area, and is not agriculturally zoned, the property owner shall apply for annexation. Annexation shall be completed prior to issuance of Building Permits or initiation of the proposed use, whichever is first. This annexation process must comply with State Proposition 218 requirements, which may take approximately G months to complete. (ARU, ARR[with exceptians far-parols larger Mali 5 aci-e,,q, ('L)ID) LANDSCAPING 11-9. The following requirements apply along all roads proposed to have raised, landscaped median islands: A. The applicant shall install, in accordance with City/County guidelines and standards, all landscaping and automatic irrigation facilities to be maintained by the City. The developer shall maintain the landscape facilities until the following conditions have been met. (a)a minimum of 90 days have passed after installation; (b) the plants have become established; and (c) maintenance funding is assured through the landscaping district. (CD, Il)) B. The applicant shall submit two sets of landscape and irrigation plans and cost estimates, prepared by a licensed landscape architect, to the Public Works Department for review and to the Zoning Administrator for review and approval, prior to issuance of a building permit and prior to initiation of the proposed use. (CD, ID) 17 C. All landscaping outside the public road right of way, such as parks, shall be submitted to the Zoning Administrator for review and approval. (CD, ID) D. The applicant shall apply for annexation to the County Landscaping District AD 1979-3 (LL-2), or equivalent City district, for the future maintenance of public landscaping and irrigation facilities in median islands, borders, and other areas{"open space" is specifically excluded) prior to initiation of the proposed use. (CD, ID) LITILITIESfCYNDERGR() :DING 120. All utility distribution facilities shall be installed underground, including any existing overhead distribution facilities along the public road frontage of the subject property. (CD, ID) 121. All new utility distribution services shall be installed underground. (All Developmena, ifapplicable) DEVELOPMT ENT FEES 122. Prior to issuance of a building permit, and prior to imitation of the proposed use, pay the current fee in compliance with the Bridge/Thoroughfare Fee Ordinance for the Oakley/N. Brentwood Area of Benefit, the Oakley Median Island Area of Benefit, and for the Eastern Contra Costa Subregional Transportation Mitigation Fee. Consult with the Public Works Department to determine the current fee. (ARC, ARR, SI-11, SUD, Ct1JH1111IH (rrrrli% if hr place rrrnr,e Marr 5 years), CD, ID) 123. Pay the current fee in compliance with the drainage Area fee ordinance associated with the subject property. Consult with the Public Works Department or Flood Control District to determine the current fee. (ARU, ARR, SUI, SUD, CHM/F'MH[only if in place Inore than 5))ear-sj, HO, CD, card ID) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 124. Applicant shall be required to comply with the County's Storm Water Management and Discharge Control Ordinance (Ord. No. 96-12) rules, regulations and procedures of the National Pollutant Discharge Elimination System (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 Il, or Central Valley- Region IV). l8 SUBDIVISIONS AND :MINOR SUBDIVISIONS GENERAL REQUIREMENTS NOTE: The incorporation of the City of Oakley will take effect on July 1, 1999. At that time, the City will assume responsibility for all local government functions. 125. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance(Title 9). Copies of these ordinances are available for review at the Public 'Works and Planning Departments. Any exceptions therefrom must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public works .Department and are based on the Tentative Mal). 126. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. 127. This development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. The following requirements must conform to Division 914: A. Drainage, road and utility improvements shall require the review and approval of the Public Works Department. This developrnent shall comply with the requirements of (Title 9) and (Title 10) of the County Ordinance Code. Any exceptions therefrom, must be specifically listed in this conditional approval statement. B. The drainage, road and utility improvements outlined below shall required the review and approval of the Public Works Department, C. All storm drainage facilities shall be designed to accommodate the ultimate development of the watershed. ROADWAY IMPROVEMENTS (FRONTAGE/ON-SITE/OFF-SITE) 128. Applicant shall construct curb, sidewalk, necessary longitudinal and tresverse drainage, street lighting, and pavement widening along the public road frontage of this project. The sidewalk width and curb requirements are as follows: 19 Type of Development Sidewalk Width Measured from Curb Face) and Curb Requirements Single-Family Residential (Parcels<12,000 Curb and 5-foot Sidewalk Required sq.ft. Single-Family Residential (Parcels 12,000 Curb and 5-foot Sidewalk Required 20,000 sq.ft. Single-Family Residential (Parcels>20,000 sq. Curb and Sidewalk May be Required g ft. § Multiple-Family Residential Curb, 6-foot 6-inch Sidewalk Required Industrial Curb, 6-foot 6-inch Sidewalk Required on one side of the road only. Commercial Curb, 10-foot Sidewalk Required, If the development does not fit into any of the above categories, but sidewalk is characteristics of the area, the applicant will be required to install sidewalk to match the surrounding parcels. The applicant shall construct face of curb parallel to the ultimate right of way centerline, except where tapering or turn lanes are needed. The distance from centerline is specified on Table A, i.inless otherwise specified by the Public Works Department. The applicant shall widen the existing pavement to conform to the new curb line. When widening the pavement, the applicant shall cut existing pavement to a neat line along an existing adequate structural section. Widening sl-.all commence at that line and may require an exploratory trench or pothole to determine the limits of pavement widening. 129. If the development creates new on-site public roads, the applicant shall construct the on-site road system to County public road standards and convey to the City/County, by Offer of Dedication, the corresponding right of way. 130. Applicant shall install safety-related in3provements along the project's fronting public road (including traffic signs and striping) as approved by the Public Works Department, Transportation Engineering Division. 20 ACCESS TO ADJOINING-PROPERTY Proof of Access/Acquisition 131. Applicant shall furnish proof to the Public Works Depa:-Lment, Engineering Services Division, of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road or drainage improvements. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way or easements, he/she shall enter into an agreement with the City/County to complete the necessary improvements at such time as the City/County acquires the necessary interests in accordance with Section 66462 and 66462.5 of the Subdivision Map Act. Right of way acquisition shall be completed at the sole cost of tine applicant. Encroachment Permit 132. Obtain an encroachment permit from the Application and Permit Center for construction of any improvernents within the public road right of way. If improvements are to be constructed within the State right of way, the applicant shall obtain an encroachment permit frolrl Caltrans through the Public Works Department. A buter's bights 133. Relinquish abutter's rights of access along the public road frontages, except as approved by the Public Works Department. ROAD ALIGNMENT (HORIZONTAL AND VERTICAL SIGHT DISTANCE/GRADES) 134. The Public Works Department, Engineering Services Division, may require tine applicant to submit a sketch plan prior to starting work on the improvement plans. The sketch plan shall be prepared by a registered civil engineer and shall show all public road improvements, including the proposed and future edge-of-pavement lines, lane striping details, lighting and cross-sections. The sketch plan shall extend a minimum of 150-feet beyond the limits of the proposed work and will show that adequate sight distance will be provided. PRIVATE ROADS If private roads are to be utilized for project access, the following Conditions of Approval shall apply: 135. Applicant shall construct a turnaround at the end of the proposed private road. 21 136. Applicant shall construct to City/County private road standards a 20-foot paved private roadway with 2-foot compacted shoulders within a 30-foot access easement. The private road shall extend from the public road to those parcels within the subject property that are to be served by the private road. 137. Applicant shall develop and enter into a maintenance agreement that will insure that the proposed private road will be maintained, and that each property that uses the proposed private road will share in its maintenance. ROAD DEDICATIONS 138. Applicant shall convey to the City, by Offer of Dedication, the right of way necessary for the planned future width along the public road frontage of the subject property. The planned future road widths for specific streets are listed in Table A. STREET LIGHTS 139. Street lights shall be installed on and the property annexed to County Service Area L-100, or an equivalent City Service Area, for maintenance of the street lighting. The final number and location of the lights shall be determined by the Public Works Department, Engineering Services Division. Application for- annexation to CSA L-100 Lighting District shall be submitted prior to filing of the Final Map, if the property has not already been annexed. This annexation process must comply with State Proposition 218 requirements, which may take approximately 6 months to complete. LANDSCAPING 140. The following requirements apply along all roads proposed to have raised, landscaped median islands: A. The applicant shall install, in accordance with City/County guidelines and standards, all landscaping and automatic irrigation facilities to be maintained by the City. The developer shall maintain the landscape facilities until the following conditions have been met: (a) a minimum of 90 days have passed after installation; (b) the plants have becorne established; and (c) maintenance finding is assured through the landscaping district. B. Prior to filing the Final Map, the applicant shall submit two sets of landscape and irrigation plans and cost estimates, prepared by a licensed landscape architect, to the Public Works Department for review and to the Zoning Administrator for review and approval. 22 C. All landscaping outside the public road right of way, such as parks, shah be submitted to the.Zoning Administrator for review and approval. D. The applicant shall apply for annexation to the County Landscaping District AD 1979-3 (LL-2), or equivalent City district, for the future maintenance of landscaping and irrigation facilities in median island, borders, and other areas ("open space" is specifically excluded) prior to filing the final map. I'TILITIESdMER GROL2j'DING 141. All utility distribution facilities shall: be installed underground, including any existing overhead distribution facilities along the public road frontage of the subject property. ACOUSTICAL STUDIES AN"D SOUNDWALLS 142. For subdivisions that abut streets that generate noise above the 60 dB limit (e.g., Highway 4), soundwalls, if required, shall be constructed adjacent to, but outside of, the right of way along the public road frontage. Acoustical mitigation shall be designed and implemented to attainted the noise from the road based upon the traffic levels at general plan build out and upon the ultimate width and aligns-hent of the road. The construction of the soundwall will be bonded. The soundwall shall be constructed of solid masonry type material, or as approved by the Zoning Administrator. DRAINAGE IMPROVEMENTS 143. This development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. The following requirements must conform to Division 914: A. All storm waters entering and/or originating on the subject property shall be conveyed, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks. Conveying storm waters to an existing adequate public storm drainage facility that conveys the storm waters to an adequate natural watercourse shall also satisfy this requirement. NOTE: This condition may require the construction of significant off-site drainage improvements. The applicant should consult with the Public Works Department to determine the extent of improvements needed to service the development. Drainage Area maps are shown on the attached drawings, indicating size and location of existing and proposed major drainage facilities. 23 B. If the resultant parcels are greater than 10 acres•in area and the proposed use is agricultural in nature, an exception from the above requirements will be granted provided the applicant maintains the existing drainage pattern and does not dispose concentrated storm water runoff onto adjacent property. C. Applicant shall verify the downstream drainage system is adequate to convey the required design storm (based on the ultimate development of the watershed) and, if necessary, shall construct improvements to guarantee adequacy. 144. 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. Copies of this ordinance area available for review at the Public Works and Planning Departments. 145. Ail drainage patterns created by this development and all improvements installed by the developer shall be consistent with the Drainage Area plan for that development's particular Drainage Area. 146. Discharging concentrated storm water into roadside ditches is prohibited unless specifically allowed by the Public Works Department. 147. Store drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalks) and driveway(s). DEVELOPMENT FEES 148. Prior to issuance of building permit, pay the fee in elect at time of vesting in compliance with the Bridge/Thoroughfare Fee Ordinance for the Oakley/N. Brentwood Area of Benefit; the Oakley Median Island Area of Benefit, and for the Eastern Contra Costa Sub-regional Transportation Mitigation Fee Area of Benefit. Consult with the Public Works Department to determine the current fee. 149. Pay the fee in effect at time of the filing of the Final Map in compliance with the Drainage Area associated with the subject property. Consult with the Public works Department to determine the current fee. 24 av`ATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEMfNPDES) ISO. Applicant shall be required to comply with the County's Storrn Water Management and Discharge Control Ordinance (Ord. No. 96-21) rules, regulations and procedures of the .,-National Pollutant Discharge Elimination System (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 II, or Central Valley - Region IV). Develop and include long term best management practices as part of the project design, subject to the review of the Public Works Department and approval of the Zoning Administrator. MT/aa EXHIBIT B CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPLICATIONS FEE SCHEDULE OAKLEY PLANNED-UNIT DISTRICT FEES ADMItVISTRATRjE PE_ dTS OCCUPANCY CHANGE $50.00 TIME ANIS MATERIALS PERMANENT MOBILE HOME $50.00 TIME AND MATERIALS TEMPORARY CONTRACTORS'S $50.00 TIME AND MATERIALS CONSTRUCTION TRAILER TEMPORARY CONSTRUCTION $50.00 TIME AND MATERIALS TRAILER FOR OCCUPANCY HOME OCCUPATION $50.00 TIME AND MATERIALS TEMPORARY USES $50.00 TIME AND MATERIALS REVEL OPWI NTSTA_NDARDS $50.00 TMIE AND MATERIALS MODIFICATION ADDITIONS(<50%of existing structure or $50.00 T2RME AND MATERIALS 20,000 sq.ft., whichever is less) OTHERS $50.00 TIME AND MATERIALS L 4ND LISE PERMITS AUTOMOTIVE USES $2,040.00 TIME AND MATERIALS OTHERS $500.00 TIME AND MATERIALS DEl'ELCJPENT PFRhIdTS NEW PROTECT $2,000.00 TIME AND MATERIALS LIGHT INDUS'T'RIAL/COMMERCIAL/ RESIDENTIAL) NTW PROJECT $540.00 TIME AND MATERIALS (AFFORDABLE RESIDENTIAL) NTW PROJECT(O'T'HERS) $250.00 'TIME AND MATERIALS 0THERS LOT LINE ADJUSTMENTS $50.00/ TIME AND MATERIALS PARCEL ANNUAL MONITORRING FEE $54.00 TIME AND MATERIALS