Loading...
HomeMy WebLinkAboutMINUTES - 09271988 - T.4 T. 4 TO: BOARD OF SUPERVISORS ^_Q+�I♦ra FROM: Harvey E. Bragdon, (JC to Director of Community Development coirty DATE: August 26, 1988 . SUBJECT: Hearing on Appeal of the Action Resulting in Denial of the Tentative Map for Subdivision 6851 SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Deny the appeal filed by William G. Morgan and Naomi L. Morgan of the disapproval of the Tentative Map for Subdivision 6851. 2. Grant the appeal filed by William G. Morgan and Naomi L. Morgan with respect to the disapproval of the Tentative Map for Subdivision 6851; in which event the appeal also incliudes objection of a requrement for a riding and hiking trail through the property. 3. Alternatively, the matter could be referred back to the Planning Commission to further resolve the lack of positive vote which resulted in denial of the Tentative Map for Subdivision 6851. CONTINUED ON ATTACHMENT: YES SIGNATURE• i RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA OF TTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON September 27, 1988 APPROVED AS RECOMENDED X_ OTHER X Mary Fleming, Community Development Department, presented the staff report on the subdivision request and the appeal before the Board. Supervisor Schroder requested clarification on the position of the Planning Commission from staff . Victor Westman, County Counsel, responded that the Planning Commission had denied the request. Supervisor Powers questioned whether the trail mentioned by the East Bay Regional Parks was a part of the trail plan and whether or not they have tried to acquire it prior tothe time of the subdivision. Bill Morgan, .6040 Morgan Territory Road, Clayton, commented that the citizen group, Save Mt. Diablo, has an option to purchase the entire property and that no one from park agencies or Save Mt. Diablo had opposed the subdivision at the Planning Commission hearing. Supervisor Torlakson questioned whether the trail condition had been before the Planning Commission. Mary Fleming responded that it had been before the Planning Commission. Bill Morgan expressed opposition to the inclusion of the trail condition especially the amount of acreage it would involve. He requested approval for his application to subdivide his property into seven over 90 acre parcels with condition number 11 deleted. i Supervisor Powers expressed that this seemed like a reasonable fequest. Supervisor Torlakson questioned the time clock on the application. Karl Wandry, Community Development Department, responded that the actions were within the time frames. Supervisor Torlakson questioned staff on their recommendation for the trail easement and he also requested information on the scenic easement protecting the ridge top. Supervisor Powers commented that trail easement and scenic easement were two different things. Karl Wandry commented that one option to the ridge top, easement would be to have a condition stating that there is the concern on the Board that homes should not be placed on the ridges and that each homesite be reviewed by the Zoning Administrator prior. to issuance of a Building Permit to meet that requirement. Supervisor Torlakson indicated that he would be in favor of the subdivision with the trail easement and maybe to modify the scenic easement with the kind of language suggested by Mr. Wandry. Karl Wandry suggested a change to condition number 11 that the first sentence remain as is, to delete the second sentence on the scenic easement and then a third sentence to modify that the trail easement area shall be submitted for review and approval by the Zoning Administrator subsequent to review by the East Bay Regional Park District, and then add a condition that the building site shall be reviewed and approved by the Zoning Administrator prior to building permit issuance with a statement that they shall be located off of the ridge line or ridge tops. Supervisor Schroder commented on giving the Zoning Administrator the latitude to work with the individual based on the fact that the Board certainly does not want a glaring example of an outcropping of a structure in a prominent place. Therefore, IT IS BY THE BOARD ORDERED that recommendation 2 is APPROVED and Subdivision 6851 is APPROVED with amended conditions (Exhibit A Attached) . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X_�, UNANINOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTRRED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED September 27, 1988 County Counsel PHIL BATCHELOR, CLERK OF William and Naomi Morgan THE BOARD OF SUPERVISORS Public Works AN COUNTY ADMINISTRATOR Assessor East Diablo Fire Protection Dist. BY ° DEPUTY BT:ly sub6851c.bos COND� IONS OF APPROVAL FOR SUBDIVISION 6851 1. This approval is based upon the revised Tentative Map for not more than 7 lots in conformance with the Agriculture A-80 District, dated received January 25, 1988. 2. Comply with drainage, road improvement, traffic and utility requirements as follows: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9) . 1. The following exceptions to Title 9 are permitted for this subdivision: a) Chapter 96-10, "Underground Utilities" . b) Section 914-2.006, "Surface Water Flowing from Subdivision", provided the applicant maintains the existing drainage pattern and does not dispose concentrated storm waters onto adjacent properties. 2. Compliance with the road improvement requirements of the ordinance will require the upgrading of Finley Road through the site to a 16-foot wide all weather surfaced roadway constructed to County private road standards. B. Convey to the County, by Offer of Dedication, additional right of way on Morgan Territory Road as necessary for the planned future width of 60 feet. Submit the proposed alignment of this right of way dedication to the Public Works Department for review prior to finalizing the Final Map. 3. Private roads shall conform to ordinance requirements including a minimum all weather roadway surface of 16 feet and 20 foot width where feasible without major grading. Those segments of the road which exceed a 10% grade shall be paved; minimum horizontal curve at centerline-35 feet; maximum road gradient-15%; other requirements shall meet the Ordinance standards for private roads. 4. Prior to recording the Final Map, issuance of Building Department permits or construction of site improvements, submit a detailed geologic report to the Community Development Department for review and approval of the Planning Geologist. The report shall determine from geomorphology and subsurface exploration whether on-site traces of the Greenville fault display evidence of geologically recent surface movement, recommend fault structure setbacks if recent activity is found; and ,shall locate any unstable areas which may affect surface or subsurface improvements for the subdivision or for individual parcels. Specific recommendations and cautions for on-site sewage disposal shall be presented by the report. 5. Prior to recording the Final Map, issuance of Building Inspection Department permits, or construction of site improvements, submit a preliminary soil investigation report meeting the requirements of Subdivision Ordinance section 94=4.420 for approval of the Planning 2 Geologist. The preliminary soil investigation will require subsurface exploration. Report shall present general criteria for design and construction of structures including retaining walls, drainage, and earth foundations for roadways including driveways. 6. Record an acknowledgement of approved geologic and soil reports concurrently with recordation of the Final Map. 7 . Prior to filing the Final Subdivision Map, comply with the policy criteria for subdivision of lands within agriculture and open space General Plan Categories adopted by the Board of Supervisors March 15, 1983 including the following: A. Each parcel must have an "on-site" producing water well or install a "test well" having a minimum yield of three gallons per minute with bacterial and chemical quality in compliance with the State standards for a pure, wholesome and potable water supply. (Title 22, Section 64433) . If the chemical analysis exceeds the State standards for "maximum contaminant levels", for water potability, a statement must be attached and "Run with the property deed: advising of these levels; or B. Have verifiable water availability data from adjacent parcels presented by the applicant or knowledge of the same, known by the health Services Department concerning water quality and quantity per (A) above; and C. Have a statement that "attaches and runs with the deed" indicating that a water well shall be installed on the subject parcel complying with the general requirements stated above prior to obtaining a Building Inspection Department permit for construction. D. In addition to the above, a hydro-geological evaluation may be required in known or suspected water short areas. This will include seasonal as well as yearly variations. E. The land must be suitable for septic tank use according to the County ordinance Code criteria and Health Services Department regulations. Percolation tests must be passed on all proposed lots prior to filing of the Parcel or Final Map. 8. Prior to filing the Final Map, an archaeological field reconnaissance report shall be prepared and submitted to the Community Development Department. This report shall be _prepared by a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) . The findings of this report may be applied as additional requirements for the proposed development. 9. Prior to issuance of a building permit, submit a specific site development plan for review and approval of the Zoning Administrator. The plans shall , t �O�i4 � ; 3 r indicate proposed grading for and location of structures, driveway, drainage, well site, leach field location and extent, and water storage for fire fighting. All trees over 6" in diameter shall be shown. Building sites shall be designed with a minimum of grading. Where significant grading is needed, an acceptable erosion control plan shall be provided with the application. Home siting shall be reviewed for energy conservation features (building site orientation and feasibility for solar facilities will be considered) . 10. All structures shall have non-flammable roofs and fire retardant or non-flammable siding. All outbuildings shall have adequate spacing from residences. All gates providing access to structures shall be 12 feet or more in width to allow for fire protection equipment. State requirements for weed abatement shall be met by the property owner. 11. A riding and hiking trail easement shall be dedicated to the East Bay Regional Park District with the filing of the Final Map located in the vicinity of the ridge area thru lot 5 and 6 and in the area of the south boundary of lot 4. The trail easement area shall be submitted for review and approval by the Zoning Administrator subsequent to review by the East Bay Regional Park District. Prior to issuance of building permits for residential buildings, the building site areas shall be subject to review and approval by the Zoning Administrator to assure that buildings are located off ridgelines or ridgetops that are prominently viewed from the surrounding area. 12. Development plans for each building site shall be reviewed and approved by the Zoning Administrator prior to issuance of building permits. Homes and other large structures shall be designed and placed to minimize the visual impact from adjoining properties or roadways. The following are not conditions for approval . However, you should be aware of them prior to recording the Final Map or requesting building permits: A. The East Diablo Fire Protection District. See attached. BT/df subIII :sub6851c.bt 5/6/88 Revised 9/27/88 Board of Supervisors 12/16/88 Lr- uu� �.