HomeMy WebLinkAboutMINUTES - 02082000 - D4 Contra
TO: BOARD OF SUPERVISORS �, `' al. Costa
County
FROM: DENNIS M. BARRY, AICD , H
COMMUNITY DEVELOPMENT DIRECTOR
DATE: JANUARY 25, 2000
SUBJECT: HEARING ON THE RECOMMENDATION OF THE COUNTY PLANNING COMMISSION
ON REZONING AND PRELIMINARY DEVELOPMENT PLAN #RZ983054 AND FINAL
DEVELOPMENT PLAN #DP983016, IN THE KNIGHTSEN AREA,
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the Negative Declaration prepared for this project as being adequate
for purposes of compliance with CEQA.
2. Approve the Rezoning and Preliminary Development Plan RZ983054 and
associated Final Development Plan DP983016 with the Conditions of
Approval as modified by the County Planning Commission.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
__C�0-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON _ February 8 . 2000 APPROVED AS RECOMMENDED xx OTHER
With the Final Conditions of Approval as attached .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT - - - - ) AND CORRECT COPY OF AN ACTION TAKEN
AYES:T,T NOES: - AND ENTERED ON THE MINUTES OF THE
ABSENT: _ I ABSTAIN: TTI BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Debbie Chamberlain (925/335-1213) ATTESTED Feb 8. 2000
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF
Construction Logistics THE BOARD OF SUPERVISORS
Public Works Department AND COUNTY ADMINISTRATOR
DMlsc B r DEPUTY
H:RZ98830&4 DP983016BOARD ORDER
RZ983054& DP983016
Board of Supervisors
Page 2
3. Approve the findings contained in the County Planning Commission Resolution
#30-1999 as the basis for the Board's action.
4. Introduce the ordinance giving effect to Rezoning #RZ983054, waive reading
and set date for adoption.
5. Direct staff to file the Notice of Determination with the County Clerk.
FISCAL IMPACT
None. The cost of processing the application is borne by the project proponent.
BACKGROUND /REASONS FOR RECOMMENDATION
The background information for these related applications is presented in the Staff Report
that is included with the Board Order,
The County Planning Commission held a public hearing on October 26, 1999 to consider
the proposed rezoning and related applications. At the conclusion of the meeting the
Planning Commission voted to recommend approval to the Board of Supervisors of a
rezoning of approximately 70.6 acres from Heavy Agriculture (A-3) to Planned Unit
Development (P-1). The County Planning Commission also voted to approve MS960015,
contingent on the approval of RZ983054 and DP988016.
It should be recognized that the standards of the Heavy Agriculture Zoning District would
be applied within the Planned Unit District, except as they are specifically modified by the
conditions of approval. The proposed parcel sizes within the Planned Unit District conform
with the minimum standard parcel size in the Heavy Agricultural District (10 acres). The
request for rezoning and development plan approval resulted from a January 1997 letter
issued by the Community Development Department to the applicant. The thrust of the
letter was that major subdivisions were discouraged outside of the urban limit line, and
that through separate minor subdivision applications (MS940013 & MS960015), a 70-acre
parcel was to be divided into 7 lots of 10 acres each. The Conservation Element of the
County General Plan includes the agricultural resource implementation measures that
apply to rural residential development. Measure 8-y reads as follows.-
Discourage
ollows:Discourage applications for major subdivisions of agricultural lands. Where such
applications are accepted for processing, require concurrent applications for
rezoning of such lands to the Planned Unit District. Require deed of development
rights to prevent further subdivision when so doing is consistent with law.
RZ983054& DP983016
Board of Supervisors
Page 3
The subject property is outside of the agricultural core, and only 15 acres of the 70-acre
property is mapped as prime agricultural soils by the soil survey of Contra Costa County.
The proposed 10-acre parcel size is comparable to parcel sizes in the vicinity of the
property. The development plan designates approximately 50 percent of the site for
agricultural uses in the future. The remainder of the site is used for private roads, building
sites and an existing privately used lake that is to be maintained by the homeowners
association. A condition of approval of the final development plan requires the project
proponent to submit an agricultural plan that would address such items as irrigation, crops,
storage, handling and application of chemicals, type/number of animals that can be kept,
agriculture-related structures, etc.
V
ADDENDUM TO ITEM D. 4
February 8, 2000 Agenda
On January 25, 2000, the Board of Supervisors continued to this date the hearing on the
recommendation of the Contra Costa County Planning Commission on the request by
Construction Logistics (Applicant and Owner),to rezone a 70.6 acre property from
Heavy Agriculture (A-3)to Planned Unit District(P-1), and for approval of an associated
Preliminary Development Plan(RZ 98-3054); and to approve the Final Development
Plan(DP 98-3016),to allow seven single-family residential lots(minimum parcel size 10
acres)within an existing 70.6 acre property that currently consists of five parcels.
Vineyards are to be established on the 10-acre residential lots, Knightsen area.
Dennis Barry, Community Development Department Director,presented the staff report.
He advised the Board this item was continued from last week to allow comments to be
submitted by the Delta Protection Commission staff.
There were 3 issues the Commission raised:
Issue No. 1: Margit Aramburu of the Delta Protection Commission inquired
whether the conditions requiring adherence to the A-3 Zoning District standards
could be required in perpetuity or failing that,whether a deed of development
rights to prevent further subdivision could be included.
Response: Mr. Barry informed the Board that generally it was not recommended
that things be done in perpetuity, reserving for the Board the authority to rezone
property and to change the general plan, as authorized under the government
code. However, the Board should note that Conditions Nos. 9 and 10 require the
dedication of the development rights for the lake area, and an agricultural
conservation easement for the grape growing area,the agricultural portion,which
is believed to meet the intent of the comment by the Commission staff.
Issue No. 2: The Commission also suggests that the Conditions of Approval be
amended to include information the development plan designates about 50%of
the property for agricultural uses.
Response: Mr. Barry advised the Board they had no problem doing that.
Issue No. 3: This issue has to do with the pond and an objection to the heading on
Condition No. 15, which indicates it's a recreational lake. The Commission
questioned whether the County requires a use permit for a private recreational
water-ski lake or a use permit for an aquaculture pond.
1
Response: Mr. Barry advised the Board that the staff would have no problem
modifying the heading to indicate that the Condition relates to the lake on the
property. He said the County does not require a use permit for a private
recreational water-ski lake, when the lake is for the exclusive use of the owner of
a property. With regard to the aquaculture pond, the County has consistently
determined that is an agricultural use consistent with the agriculture zoning, and a
use permit is not required.
Mr. Barry advised the Board that with the inclusion of the responses to the issues raised
by the Delta Protection Commission staff, it is suggested the Board approve the project.
The hearing was opened,no one desiring to speak,the hearing was closed.
Supervisor Canciamilla moved to close the public hearing, and approve the staff s
recommendations with the modified Conditions. Supervisor Gioia seconded the motion.
2
o
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Construction Logistics APPLICATION NO. DP983016
111 Cortona Drive RZ983054
San Ramon, CA 94583
ASSESSOR'S PARCEL NO. 015-090-045, 046,
047, 048 &049
OWNER: Same ZONING DISTRICT: P-1
APPROVED DATE: February 8, 2000
EFFECTIVE DATE: February 8, 2000
This is to notify you that the Board of Supervisors has granted your request for a Final Development Plan to
allow seven single-family residential lots(minimum parcel size 10 acres), within an existing 70.6 acre property
that currently consist of five parcels is hereby granted, subject to the attached conditions.
DENNIS M. BARRY, AICP
Community Development Director
PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further
notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order,
with approved Conditions of Approval.
<r,
FINDINGS AND CONDITIONS OF APPROVAL FOR DP983016IRZ983054
AS APPROVED BY THE COUNTY PLANNING COMMISSION ON OCTOBER 2b 1999
Findings
A. P-1 District Related Findings
1. Required Finding;: The use of Parcel #015-090-045, -046, -047, -048 and -049 for
rural residential development is consistent with the Contra Costa County General
Plan. Adequate design and regulations are provided to assure aesthetic protection
of the scenic ridge.
2. Required Finding: The applicant has indicated an intent to commence recordation
of the map construction of the residences as soon as the necessary approvals are
secured.
B. Growth Management Performance Standards
I. Traffic: The proposed development will increase traffic volumes to the roads and
intersections in the community, however, the proposed 10-acre parcels would not
decrease the level of service at any of the intersections in the site vicinity.
Accordingly, it is concluded that the project would not result in any significant
impacts associated with traffic volumes. Assuming 12 trips per day, the 7-lot
planned unit development will generate 84 average daily trips and 7 peak hour
trips.
2. Drainage and Flood Control: Because the proposed parcels are 10 acres in size,
the additional run-off resulting from the subdivision will be negligible. Therefore,
an exception to the "collect and convey" requirement is granted, provided the
applicant maintains the existing drainage pattern and does not direct concentrated
storm water run-off onto adjacent property.
3. Water: Prior to approval of a final development plan/vesting subdivision snap, the
applicant is required to comply with the requirements of the County Health
Services Department.
4. Sanita.ry/Septic: Prior to approval of a final development plan/vesting subdivision
map, the applicant is required to provide evidence of compliance with the
requirements of the County Health Services Department.
5. Fire Protection: Prior to issuance of building permits, the applicant is required to
comply with the requirements of the Fire Protection District.
6. Public Protection: Prior to issuance of a building permit, the applicant is required
to pay a fee of $1,000.00 for each lot to mitigate the additional demand for
protective services.
2
7. Parks and Recreation. The applicant is required to contribute $1,350.00 in park
dedication fees to satisfy the Growth Management Element Performance Standard
of 3 acres of park lands per 1,000 new residents.
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN DP983016
Administrative
1. This approval is based upon the plan received by the Community
Development Department and titled as follows
Preliminary/Final Development Plan received on September 8, 1998 by
the Community Development Department for seven (7) lots on the 70.6-
acre site.
All allowable uses and other standards, including the setback requirements
shall comply with of the A-3 Zoning district standards.
The following conditions shall be met prior to issuance of a building
permit unless otherwise specified.
Zoning, Administrative Review
2. Prior to issuance of any building permits, any building permits, an overall
plan for establishment of an agricultural use shall be submitted for review
and approval by the Zonin; Administrator including a management plan
that addresses such items as types of crops/agricultural use, harvest
agreement, irrigation plan, use of agricultural chemicals, types/number of
animals allowed, and types of allowable structures, if any.
3. Prior to issuance of any building permit and/or grading permit for work on
any lot, the proposed grading, location and design of the proposed
residential building to be located on that lot shall be first submitted for
review and approval by the Zoning Administrator. Roof shapes, exterior
materials and colors that complement the character of the surrounding
terrain shall be utilized. Colors of roofs and exterior materials shall not be
reflective from a distance, but shall be such as to reduce visibility from the
surrounding area.
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Minor Revisions to Plans
4. Prior to submittal of a revised plan to the Zoning Administrator, the
Public Works Department shall be provided an opportunity to review and
cornment on the revised plan.
ArchaeolM
5. If any significant cultural materials such as artifacts, human burials, or the
like are encountered during construction operations, such operations shall
cease within 10 feet of the find, the Community Development Department
shall be notified within 24-hours and a qualified archaeologist contacted
and retained for further recommendations. Significant cultural materials
include, but are not limited to, aboriginal human remains, chipped stone,
groundstone, shell and bone artifacts, concentrations of fire cracked rock,
ash, charcoal, shell, bone, and historic features such as privies or building
foundations.
6. The developer shall pay a fee of$400 per lot toward child care facility
needs in the area as established by tine Board of Supervisors.
T At least 45 days prior to issuance of a building permit, or installation of
improvements or utilities, applicant shall submit a preliminary geology,
soil, and foundation report meeting the requirements of Subdivision
Ordinance Section 94-4.420 for review and approval of the Planning
Geologist. Improvement, grading, and building plans shall carry out the
recommendations of the approved report. This report shall include
evaluation of the potential for liquefaction, seismic settlement and other
types of seismically-induced ground failure by recognized methods
appropriate to soil conditions discovered during subsurface investigation.
8. Applicant shall record a statement to run with deeds to property
acknowledging the approved report by title, author (firm), and date,
calling attention to approved recommendations, and noting that the report
is available frorn the seller.
9. A recorded scenic easement shall be granted to the County per
development plans dated September 8, 1998 for the areas labeled
"proposed vineyard". The erection of structures, including but not limited
to buildings, obscure fences, swimming pools, tennis courts, and sports
courts, is prohibited in scenic easement areas.
10. Development rights shall be deeded to the County for can-tmon areas
that are to be maintained by the horneowners association (i.e., recreational
lake).
4
11. 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.
12. 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.
Fire Protection Conditions
13. All residential buildings shall have fire resistant roofs and exterior
materials, and they shall be sprinklered.
14. All dwelling units shall have house numbers that are visible from the
street which may require illumination.
Lake
15. The applicant shall submit a lake management plan for review by the
Health Department and the review and approval of the Zoning
Administrator. The lake management plan shall provide for control of a
stable lake level, control of bank erosion due to wave action, control of
aquatic plants and algae, desiltation, control of chemicais used within the
project, including those used for lake maintenance, households and the
vineyards, along with a schedule for lake maintenance activities and
annual cost estimates. The plan shall include measures for compliance
with the NPDES.
CC& 'S
16. The CC R's shall include previsions for: a) adequate funding of lake
maintenance activities, b) restrictions governing use of household,
agricultural and other chemicals, c) restrictions on the number of boats
(one power boat at a time), d) restrictions on hours of use by power boats
(maxima n sunrise to sunset, 7 days per week), e) provision for making
acoustical measurements at the boundary of the P-1 District should
adjacent property owners complain about noise, and f) adoption of a
standard of 65 dB as the threshold for acceptable noise at the boundary of
the P-1 District.Fees,
17. This application is subject to an initial application fee of$1,208.00 which
was paid with the application submittal, plus time and material costs if the
application review expenses exceed 1.00% 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
On
5
may obtain current costs by contacting the project planner. If you owe
additional fees, a bill will be sent to you shortly after permit issuance.
18. A covenant shall be recorded with the Final Map providing for a
disclosure statement to prospective buyers. The statement shall indicate
that the development is near a private landing strip. The statement shall
also indicate that the area is subject to frequent aircraft overflights and
corresponding noise; and purchasing property adjacent to a landing strip
the implier acceptance of these and other environmental effects associated
with the aircraft use.
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/owner should be aware of the expiration dates and renewing requirements
prior to recording the Parcel Map,
B. Comply with the requirements of the Fire Protection District.
C. Comply with the requirements of the Health Services Department, Environmental Health
Division.
D. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
E. This project may be subject to the requirements of the Department of Fish & Game. It is
the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,
Yountville, California 94599, of any proposed construction within the development that
may affect and fish and wildlife resources, per the :Fish and Game Code.
F. The applicant is required to pay an environmental review fee of$25 for the Department
of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In
addition, the approval is not final or vested until the fee is paid; nor may the County post
a Notice of Determination until the fee is paid. A check for this fee shall be submitted to
the Community Development Department made out to Contra Costa County for submittal
with the final environmental documents.
DM/ss
C:VOB1DARWIN\StafMpts\C oul-og.rpt2.wpd
S:curr-pinn/staff reprt/cip983016 rev 11-12-99 mp&sc
11/22/99,2/22/00