HomeMy WebLinkAboutMINUTES - 07191994 - H.6 .jy
H.6
The Board of Supervisors of Contra Costa County, California
Adopted this Order on July 19, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Powers
NOES: None
ABSENT: None
ABSTAIN: Supervisor_Tortakson
SUBJECT: Administrative Appeal of James Knuppe
The Chair convened the hearing on the administrative appeal of James Knuppe from the
decision of the Health Services Department,Environmental Health Division, relative to the soil
conditions at Subdivision MS 120-89 in the Martinez area.
Joe Doser, Environmental Health Spoecialist, Contra Costa County Health Services
Department, spoke on the investigation conducted by his Division on the septic system suitability
of this particular property. Mr. Doser advised that staff looked at the soil test pit and did not find
the five feet of soil depth required below the depth of the proposed leach lines that are the
minimum public health and environmental standards contained in Contra Costa County Health
Officer Regulations Section 410-1.603 pertaining to depth of soil beneath a septic system
leachfield. Noting that the Health Services Environmental staff only looked at the two specific
sites on the property as noted in the appeal, Mr. Doser advised that the lower part of Mr.
Knuppe's property had not been subject to review by the Department. Therefore, Mr. Doser
presented staffs recommendation that the Health Officees appeal*be upheld without prejudice
which would still allow Mr. Knuppe to have the Health Services Department look at the lower part
of his property which might be suitable for a septic system.
The hearing was opened and the following persons spoke:
Guy Bjerke, Executive Director of the Building Industry Association, spoke in support of
the appellant.
James Knuppe, the appellant, spoke on the development of the property going back to
the 1980s, of the four ranchettes he was proposing for the property, and of his disagreement with
the decision of the Health Officer.
Doug Flett,the,civil engineer on the project(MS 120-89), spoke on discrepancies in the
interpretation rendered in 1980 and today on the subject property relative to the soil condition for
a septic system.
Norm Hensche, civil engineer, Quest Engineering, Point Richmond, described the soil
conditions on Mr. Knuppe's property and the application of Section 603 to it.
Dan Guerra, Health Services Department, advised of the role of his Department in .
protecting the interests of the developer and homeowner but all homeowners in the vicinity of this
property.
All persons desiring to speak were heard. Board members discussed the concerns
presented and were in agreement that County staff meet with the appellant and his attorney to
share information and report to the Board in approximately three weeks.
Therefore, IT IS BY THE BOARD ORDERED that the hearing is CONTINUED to August
9, 1994, at 2 p.m.
.lo,
4i
Appeal of James Knuppe
July 19, 1994
Page 2
IT IS FURTHER ORDERED that the Health Services Department staff is REQUESTED
to meet with Mr. Knuppe and his attorney to share information on percolation and address
concerns raised during the testimony.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: _July 19, 1994
PHIL BATCHELOR,CLERK OF THE Board of
Supervisors and County Administrator
By
eputy Clerk
CC: Health Services Director
County Counsel
1'
TO: BOARD OF SUPERVISORS E.... ° Contra
FROM: COSta
Mark Firnicane, Health Services Director .,
by: William B. Walker, M.D., Health Officer
County
DATE: July 14, 1994 "v" ✓Jl•✓�/�i �i J
coup
SUBJECT: Knuppe Appeal, MS 120-89
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Deny the Knuppe Appeal, MS 120-89, on the basis that Appellant has failed to comply with
Contra Costa County Health Officer Regulation 420-1.603, "Site Evaluation", paragraph 6.
BACKGROUND:
As a condition for final approval of Minor Subdivision 120-89, the Appellant must demonstrate
that the means of sewage disposal and water supply for the property comply with minimum public health
standards, including those stated in Contra Costa County Health Officer Regulation 420-1.603 addressing
installation of individual sewage disposal systems. Regulation 420-1.603 requires a minimum of 5 feet
of soil beneath the depth of a septic system leachfield. As part of the review process for determining
septic system suitability, the Environmental Health Division investigated soil conditions in two locations
on the subject property. The Environmental Health Division concluded that the areas investigated did
not have sufficient soil depth to comply with the regulation. Thus, Appellant has not satisfied a condition
,necessary for final approval of MS 120-89. Appellant appealed the Division's decision to the Health
Officer who denied the appeal. Thereafter, Appellant brought the instant appeal before the Board of
Supervisors.
In reaching its decision, the Environmental Health Division used the USDA Soil Triangle, a
generally recognized standard for classifying material as a soil. Documentation from the USDA Soil
Conservation Service and the County's contract geologist supports the Division's determination.
Adherence to the standards for regulation of sewage disposal and the water supply provided in
Regulation 420-1.603, protects the public health and environment.
Additional background information is contained in the attached staff report.
FISCAL IMPACT:
None.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
t
SIGNATURE(S1:
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER