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Home My WebLink AboutMINUTES - 10131987 - 2.6 TO: BOARD OF SUPERVISORS Contra FROM: Harvey E. Bragdon, Contra Director of Community Development ^wu DATE: August 13, 1987 w rty SUBJECT: APPEAL - Minor Subdivision 85-85, Charles R. Bradbury (Applic- ant/Owner) , requesting to divide a one-acre parcel into two lots; to have variances to lot width and setbacks. Appealed by adjacent property owner, R. Charles Husted, Jr. -' Walnut Creek area. (S.D.III) SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Uphold the decision of the County Planning Commission and deny the appeal by R. Charles Husted, Jr. 2. Approve the appeal. and deny the minor subdivision. BACKGROUND: Minor Subdivision 85-85 was denied without prejudice by the Zoning Administrator on December 8, 1986. The applicant appealed the decision to the County Planning Commission.. The Planning Commission granted the appeal thereby approving the minor subdivision on May 26,1987. At issue is the site's topography which is steep, the unusual shape of the parcel and the requested variances. This appeal, submitted by an adjacent property owner, requests overturning of the Commission's decision to approve the minor sub- division application. This project has been the subject of considerable controversy beginning with ' the Zoning 'Administrator' s decision to deny the application .recommended for approval by the staff. The Zoning Administrator' s decision was appealed by the applicant and sustained by :the County Planning Commission. . Subsequently, the subject appeal was requested. The appeal was accepted and forwarded due to the appellant' s consistent and continuous interest and concern over the project. The appellant maintains the subdivision is""a grant of special privilege and an inappropriate land use. CONTINUED ON ATTACHMENT: YES - SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATM Of BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON - October 13, 1987 APPROVED AS RECOMMENDED x OTHER x The Board approved recommendation No: 1 above, with amended conditions, attached hereto as Exhibit A. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT . V ) 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. cc: Community Development ATTEST October 13, 1987 County Counsel PHIL BATCHELOR, CLERK OF Applicant/Owner Bradbury THE BOARD OF SUPERVISORS Appel l and R. Charles Husted, Jr. AND COUNTY ADMINISTRATOR BY , DEPUTY - CONDITIONS OF APPROVAL, FOR MINOR SUBDIVISION 85-85: 1. The property shall be developed according•' to the tentative map submitted on December 11, 1985 to the Contra Costa Community Development Department. 2. All structures proposed within Parcel A shall be sited below the 120-ft. , elevation. Final siting of all structures shall be subject to the review and approval of the Zoning Administra- tor. 3. Comply with the requirements of the 'County Building Inspection Department as follows: A. Submit four (4) copies of plans showing the existing contours, the extent of the proposed grading, drainage improvements and general site development. B. Plans accompanying the application for building permits shall show the existing contours, the extent of the pro- posed grading and drainage improvements and be reviewed by the Grading Section prior to issuance. C. Prior to issuance of building and/orgrading permits in above minor subdivision, a preliminary soil investigation report prepared by a licensed soil engineer will be required. It will report on the ability of 'the site to support the improvements anticipated and shall include recommended foundation designs to achieve maximum stabil- ity of the proposed structures. D. A licensed soil engineer may be required to control grading operations and to report on the ability of the site to support the improvements anticipated. 4. Comply with drainage, road improvements, •traffic and utility requirements as follows: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision will conform to the provisions of • the County Subdivision Ordinance (Title 9) . Any exceptions therefrom must be specifically listed in this conditional approval statement. B. The following exception to Title 9 is permitted for this subdivision: (1) Chapter 96-101 "Underground Utilities", for the exist- ing house on Parcel B. C. Furnish proof to Public Works Dept. , Engineering Services, that legal access to the property is available from Tice Valley Boulevard. D. Furnish proof to Public Works Dept. ,Engineering Services, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. E. Contribute a drainage fee equivalent to the fee proposed to be established for Drainage Area 67 to the County Drainage Deficiency Fee Trust (Fund #812100-0800) designated for improvements to the Tice Creek area. F. Construct 20-ft. , . radius pavement returns at the Tice Valley Boulevard-Castle Hill Ranch Road intersection and widen Castle Hill Ranch Road to a 20--ft. , pavement width southerly from the Tice Valley Boulevard intersection. The work shall -be limited to a total cost of $10,000. 5. The applicant will submit final development plans for the site, which shall be subject to review and approval of the Zoning Ad- ministrator. In addition to the requirements of the County Building Inspection Department, the final development plans shall include: A. Grading plan that will minimize the amount of grading re- required. B. An erosion control plan. C. A landscape plan designed to maximize the retention exist- ing vegetation and add stabilizing plants wherever soil has been disturbed. This landscape plan shall specify size, species and location of all significant existing vegetation as well as new landscaping. D. Landscaping shall conform to the County Water Conservation policies. E. Landscaping shall be maintained in a satisfactory condition by the property owner. The following area advisory conditions: 1. Provide access roadways with all-weather driving surfaces of not less than 16-ft. , of unobstructed width and not less than 13-ft: , 6-inches of vertical clearance to within 150-ft. , of all portions of the exterior walls of every building. Access roads shall not exceed 20% grade; shall have a minimum inside . turning radius of 28-ft. , and must be capable of supporting the imposed loads of fire apparatus (16 tons) . 2. Dead-end fire department access roads in 'excess of 150-ft. , long shall be provided with approved provisions for the turning around of fire department apparatus. 3. Access road shall be installed and in service prior to combust- ible construction. 5/28/86 Revised 8/15/87 Revised 10/19/87 MS85-85.A.KK