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HomeMy WebLinkAboutMINUTES - 11061990 - H.5 TO: BOARD OF SUPERVISORS ` Co tra Costa FROM: Harvey E. Bragdon COLM Director of Community Development DATE: October 22, 1990 SUBJECT: Hearing on Subdivision 7535 (DeBolt Civil Engineering/Bruns Properties, et. al) Project in the Byron/Mountain House Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) i BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept environmental documentation as adequate. 2. Adopt the findings of .the East County Regional Planning Commission as set forth in its Resolution 67-1990. 3. Approve Tentative Subdivision 7535 with findings and conditions as recommended by the East County Regional Planning Commission as contained in attached Exhibit A. BACKGROUND,/REASONS FOR RECOMMENDATIONS This application is seeking to divide 455 acres into 20 lots. The subject property is located in the southeast corner of the County. It is also subject to an Agricultural Preserve Contract that remains in full force and effect. Because most of the site consists of non-prime soils and the applicant is seeking parcels smaller than 40 acres, the State Map Act requires the Board of Supervisors make required findings prior to any approval. In this case, all proposed lots are approximately 20 acres in site. The East County Regional Planning Commission heard this project on October 8, 1990. The staff report to the Commission included an Income Analysis Report (of alternative crops which might be grown on the proposed lots) submitted by the applicant in support of the project. After taking testimony, the Planning Commission voted 6-3 to rec n at the Board make the required finding and approve the subdivisio CONTINUED, ON ATTACHMENT: YES SIGNATUR . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF. BOARD ON November 6, 1990 APPROVED AS RECOMMENDED OTHER x This is the time heretofore noticed for hearing on the recommen- dation of the East County Regional Planning Commission on the appli- cation filed by DeBolt Civil Engineering (applicant) and Bruns Prop- erties, et al (owners) for vesting tentative map (Sub 7535) approval to subdivide 455 acres into 20 lots. The proposal is seeking approval to create lots smaller than 40 acres on property largely consisting of non-prime soils, that is subject to an Agricultural Preserve Contract, in the Byron Mountain House area. Mary Fleming, Community Development Department, presented the staff report on the application before the Board for consideration today, commenting on the location of the site, the Planning Commission recommendation and the staff recommendation to uphold the decision of the East County Regional .Planning Commission. Supervisor Torlakson commented on concerns expressed in a letter dated November 6, 1990 from Fred K. Specht, Manager, Byron-Bethany Irrigation District. 1. Karl Wandry, Community Development Department, suggested addi- tional language to address the concerns expressed by Byron-Bethany Irrigation District. The following persons appeared to speak: Eric Hasseltine, appearing on behalf of Bruns Associates, spoke in favor of the proposal. Lois Stornetta, P.O. Box 273 , Byron, representing Byron-Bethany Irrigation District, spoke on the District's requested additions to the findings and conditions of approval language. Supervisor Torlakson suggested additional language to avoid impact on the Byron-Bethany facilities. The public hearing was closed. Supervisor Torlakson moved to adopt the recommendations of staff with additional language to avoid impact on the Byron-Bethany Irrigation District. IT IS BY THE BOARD ORDERED that recommendations 1, 2, and 3 with findings and conditions as amended (Exhibit A attached) are APPROVED. VOTE OF SUPERVISORS X I HEREBY CERTIFY THAT THIS IS A 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. cc: Community Development (Orig.Dept) DeBolt Civil Engineering ATTESTED November 6, 1990 Bruns Properties, et.al PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Public Works-Tom Dudziak COUNMADMIIJISTRATOR Byron Fire Protection District msc/7535.bos BY a , DEPUTY EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR VESTING TENTATIVE SUBDIVISION 7535 (DeBolt Civil Engineering/Bruns Properties) REQUIRED FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66474.4(b) The subdivision as proposed by the applicant will not result in parcels that are too small to sustain an agricultural use. CONDITIONS OF APPROVAL 1. This application is approved for 20 lots as generally shown on the revised vesting tentative subdivision map dated July 10, 1990. 2. Comply with the following requirements of the County Planning Geologist: A. At least 60 days prior to recording a Final Map, issuance of building permits, a grading permit, or installation of improvements or utilities, submit a preliminary geology, soil and foundation report meeting the requirements of the Planning Geologist. The report shall include evaluation of the potential for liquefaction, seismic settlement, or other types of seismically induced ground failure by recognized methods appropriate to soil conditions discovered during subsurface investigation. B. Improvement, grading and building plans shall carry out the recommendations of the approved report. Record a statement to run with deeds to the property acknowledging the approved report by title, author (firm), and date, calling attention to report recommendations, and noting that the report is available from the seller. C. Owner shall make the preliminary geology, soil, and foundation report available to prospective buyers of parcels of this subdivision. 3. Prior to filing a Final Map, comply with the following requirements of the Health Services Department for domestic water supply: 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 containment 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 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. 4. Prior to filing a Final Map, the applicant shall satisfy the requirements of the Health Services Department for on-site sewage disposal. Percolation tests shall be passed on all approved lots. 5. Prior to filing a Final Map, the applicant shall generally comply with the requested conditions of the Byron-Bethany Irrigation District as indicated in the District's letter dated July 25, 1990. The Zoning Administrator may waive or modify the requested conditions, in consultation with the Byron-Bethany Irrigation District. 6. Comply with the following requirements of the Airport Land Use Commission: A. A suitable avigation and noise easement covering the entire property shall be dedicated to the County. A model ordinance for this purpose has been provided to the applicant. At least 30 days prior to filing a Final Map, a proposed easement instrument shall be submitted to the County Zoning Administrator for review and approval. The approved instrument'shall be dedicated concurrently with the recordation of the Final Map. B. The applicant shall be required to notify prospective buyers in writing that the subject site is adjacent to a public-use airport. The disclosure statement shall indicate that the airport will eventually serve substantially greater volumes of airport traffic and the subject site is consequently expected to be subject to frequent aircraft overflight and associated noise impacts. C. New residences or other new habitable structures shall be designed to comply with the Sound Transmission Control Standards of the 1988 Uniform Building Code Appendix with the State of California 1989 amendments. 2 7. At least 60 days prior to filing a Final Map, the applicant shall submit a fencing plan for the review and approval of the Zoning Administrator. The object of the program shall be to assure adequate fencing to contain domestic animals for the approved residential building sites with all gates to be closable by a nearby rancher when necessary. 8. The followingstatement shall be recorded and attached to the deed description of each lot: "The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved,the basis for such an hypothesis is established. At this time no risk assessments have been made." When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report. 9. Record a statement to run with the deeds to each lot as follows: "This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust; crop dusting and spraying occurring regularly; burning associated with agricultural activities; noise associated with farm equipment and aerial crop dusting and certain animals and flies may exist on surrounding properties. This statement is, again, notification that this is part of the agricultural way of life in East Contra Costa County and you should be fully aware of this at the time of purchase." 10. At least 30 days prior to filing the Final Map, submit alternative names for proposed streets to the Community Development Department, Graphics Section for review and approval. 11. The following requirements pertaining to drainage, road, and.utility improvements will require the review and approval of the Public Works Department: 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). Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance includes the following requirements: 3 1. Constructing road improvements along the frontage of Bruns Road and Byron Road. Because of the large parcels involved and the agricultural nature of the subdivision, an exception to this requirement is granted. 2. Constructing turnarounds at the end of the proposed private roads, as shown on the Vesting Tentative Map. The partial cul de sac on lot 6 shall be widened to a full cul de sac. 3. Undergrounding of all utility distribution facilities. Because of the large parcels involved and the agricultural nature of the subdivision, an exception to this requirement is granted. 4. Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. As these parcels are large and agricultural in nature, additional run-off resulting from this subdivision will be negligible. Therefore, an exception from this requirement is granted for drainage from lot to lot provided the applicant maintains the existing drainage pattern and does not dispose concentrated storm water run-off adjacent property. The applicant shall still be required to provide for improvements to the natural watercourses traversing this property to provide for ultimate runoff from the area. The Byron- Bethany Irrigation District canal is not considered an adequate point of discharge. 5. Applying for encroachment permits from the Public Works Department, Engineering Services Division, for driveway connections within the right of Bruns Road and Byron Road. 6. Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. 7. Relinquishing "development rights" over that portion of the site that is within the structure setback area of the natural watercourse. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks", of the Subdivision Ordinance. 4 S. Submitting a Final Map prepared by a registered civil 'engineer or licensed land surveyor. B. Convey to the County, by Offer of Dedication, 50 feet of feet of additional right of way on Byron Highway as required for the planned future width of 100 feet. C. Construct the on-site road system, as shown on the Vesting Tentative Map. D. Relinquish abutter's rights of access along Byron Highway except for the easterly access road, Bruns Road and a 30 foot wide access to lot 14 and a 30 foot wide access to lot 15, subject to the review and approval of the Public Works Department, Road Engineering Division. E. Construct entrance tapers on Byron Road at the entrance roads to this Subdivision in accordance with CALTRANS Highway Design Manual Figure 405.7 subject to the review of the Public Works Department, Road Engineering Division. When widening the pavement, the existing pavement shall be cut to a neat line along an existing adequate structural section. The widening shall commence at that line. An exploratory trench or pothole may be required to determine the limits of pavement widening. F. Submit a sketch plan to the Public Works Department, Road Engineering Division, for review showing all public road improvements at the Byron Highway intersections of this subdivision prior to starting work on the improvement plans. The sketch alignment plan shall be to scale and show proposed and future curb lines, lane striping details and lighting. The sketch alignment plan shall also include adequate information to show that adequate sight distance has been provided. G. Furnish proof to the Public Works Department, Engineering Services Division, 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. H. The applicant shall be required to realign the easterly access road - Byron Highway intersection to provide a 90 degree intersection subject to the review of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator. 1. Construct standard entrance tapers in accordance with Caltrans Highway Design Manual Figure 405.7 at Bruns Road and Byron Road. l I 5 ADVISORY NOTES A. Comply with the requirements of the Byron Fire Protection District. B. Comply with the School Impact Fee requirements of the Liberty Union School District. C. 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 this development that may affect any fish and wildlife resources, per the Fish & Game Code. D. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. E. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit and the East/Central County Travel Corridor Area of Benefit as adopted by the Board of Supervisors. Because of the large agricultural nature of the subdivision, the fee is not due at the filing of the Map but is due at the issuance of Building Permits on the property. wio/in sub20:7535c.rhd 10/2/90 10/3/90 10/16/90 11/7/90(bos) 6