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TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon, Cointy
Director of Community Development
DATE: 3 October 1990
SUBJECT: Hearing on Appeal of Save Mt. Diablo with respect to the Approval
of Minor Subdivision #30-89, John & Patti Stice (Applic/Owners) ,
located on Leon Drive in the Morgan Territory area. (S.D. IV)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Grant the appeal filed by Save Mt. Diablo to provide for Altern-
ative #1 instead of Alternative #2 of the proposed alternatives
of the Planning Commission' s approval. of MS 30-89, July 10, 1990.
BACKGROUND:
MS 30-89 was filed March 21, 1989 by John & Patti Stice (A/O) to
divide 89 acres into four five-acre parcels and a remainder. A
proposal for three alternatives was subsequently submitted, (Alter-
native W . The original proposal for four 3 acre parcels and
large remainder (Alt. #2) , three 15-acre and one 44 acre parcel,
(Alt. #3 ) three 20 acre and one 29 acre parcel. The Planning Comm-
ission approved Alternative #2.
Save Mt.Diablo has appealed approving Alternative #2, requesting
instead Alternative #1, the original proposal. The applicant is in
agreement with Save Mt.Diablo for Alternative #1. Staff has no ob
jection to Alternative #1.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE!
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October 30 , 1990 APPROVED AS RECOMMENDED X OTHER
This is the time heretofore noticed by the Clerk of the Board of Supervisors
for hearing on the above matter.
Karl Wandry, Community Development Department, presented the staff report and
recommendation to grant the appeal
No one appearing to speak, the public hearing was closed and on recommendation
of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that the staff
recommendation is APPROVED with conditions (Exhibit A attached) .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERO ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Department ATTESTED
October 30, 1990
County Counsel PHIL BATCHELOR, CLERK OF
Public Works-Tom Dudziak THE BOARD OF SUPERVISORS
Assessor COUNTY ADMINISTRATOR
East Diablo Fire Protection District a
John and Patti Stice BY j DEPUTY
Save Mt. Diablo
CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 30-89
1 . This approval is based upon the tentative map submitted with the application dated
received July 2, 1990, identified as Alternate #1 for four 5-acre parcels and a
remainder.
2. At least 45 days prior to issuance of Building Inspection Department permits or
recordation of a Parcel Map, submit a preliminary soil report meeting the requirements
of Subdivision Ordinance Section 94-4.420, for review and approval of the Planning
Geologist. The preliminary soil report shall be based on adequate subsurface
investigation and. the "recommendations of the geologic reconnaissance report of
Western Geological Consultants dated March'7, 1989 and memorandum supplement
dated April 7, 1989. Improvement, grading, and building plans shall carry out the
recommendations of the approved reports.
3. Prior"to filing the Parcel Map, comply with the.p'olicy 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 shall 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. 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. Additional , information may be required_ by the Zoning
Administrator and the Health Services Department,to verify hat the installation
of septic tanks and leach fields for this development will not adversely effect
adjacent properties, particularly as it may relate to existing wells.
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4. Prior to the 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,
accessory building or paddocks to be located on that lot shall be first submitted for
review and approval by the Zoning Administrator. Buildings and other structures shall
be designed and built to fit hillside areas at the envelope areas generally as indicated
on-the tentative map, subject to the other conditions of this approval. Prior to
approval of any plans pursuant to this condition, the Zoning Administrator or the
applicants shall give to the Save Mt. Diablo organization not less than 10 days notice
of the submission of those plans. The Zoning Administrator shall consider any public
comments on the plan. Consideration shall be given to the following:
A. Any deck, whether raised or on grade should complement and blend with the
design of the structure. All support structures shall be screened and
landscaped.
B. The specific design of buildings of structures shall result in a footprint that
preserves existing trees to the extent feasible. A combination of staggered
exterior wall lines and two-story elements may be appropriate depending on the
proposed building size, height and location.
C. Roof shapes that relate to the character of surrounding terrain are to be utilized.
Roof colors shall not be reflective and shall blend with the area as viewed from
a distance.
D. Building height,setbacks and bulk shall encourage low profile,stepped-on-grade
structures, particularly at prominent sites viewed from the surrounding area.
E. Garages that do not open facing the street shall be encouraged.
F. All structures shall have non-flammable roofs and fire retardant or non-
flammable siding. All out-buildings ,shall have adequate spacing from
residences.
5. 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). Any exceptions therefrom must be specifically listed in this
conditional approval statement. Conformance with the Ordinance includes the
following requirements:
1) 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.
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2) Conveying all storm waters entering or originating within the subject
property 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 provided the applicant maintains the existing drainage pattern
and does not dispose concentrated storm water run-off onto adjacent
property.
3. Submitting a Parcel Map prepared by a registered civil engineer or
licensed land surveyor.
4. 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. a
B. Beginning at Leon Drive, improve that portion of Leon Way which serves more
than one parcel to a 16 foot all-weather surfaced roadway constructed to
County private road standards. All portions of the road exceeding 10% grade
shall be paved. Leon Way needs to be improved only as far as the near
boundary of the "remainder" parcel.
C. Construct road improvements to Leon Drive, valued at $40,000. .The con-
struction may be phased to the issuance of a Building Permit on each parcel.
Improvements shall consist of a paved roadway, constructed to County private
road standards, conforming in width to the existing paved width of Leon Drive.
The placement of the paving shall be such that just impacts from traffic on
existing residences are minimized, subject to the approval of the Public Works
Department and the County Zoning Administrator.
6. With the filing of a parcel map a Road Maintenance Agreement shall establish for Minor
Subdivision 30-89,subject to review and approval by the Zoning Administrator and the
Public Works Department.
7. Prior to the recording of'the parcel map, the applicants shall dedicate to Contra Costa
County and the East Bay Regional Park District an easement for a pedestrian and,,
equestrian trail. The easement shall include the area of Parcel C lying, between
approximately the southernmost 100 feet from the west boundary of Parcel C , to
Leon Way, as necessary to complete a connection to the trail easement to be
dedicated on the Pacini parcel to the west, and shall follow the alignment of Leon Way
as it now exists or is modified, ending at.the boundary of the parcel known as the
Carrera or Cherezian property. The applicant shall show the boundaries of the
proposed trail easement on the proposed final map. The location of the trail easement
may be adjusted from time to time upon agreement between the owners of the
affected properties, the County, and the East Bay Regional Park District.
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8. With the recording of the parcel map, the applicants shall dedicate to Contra Costa
County a conservation easement and the development rights covering all of the
"remainder" parcel, with the exception of an area not to exceed two acres surrounding
the site on which the applicants are currently constructing a dwelling: The applicants
shall show the boundary of the proposed envelope around that building site on the
proposed final map. The conservation easement shall proscribe the following
activities:
a. The building of structures intended or suitable for human habitation;
b. The building or radio and television communication facilities and similar
facilities;
C. The building of other structures; with the exception of barns, pumphouses, and
other outbuildings, with a floor area not be exceed 15 square feet per acre in
the aggregate, of a kind and for the purposes normally appurtenant to farming,
ranching or other natural resource extraction or preservation uses; with the,
further exception of fences reasonably necessary and appropriate to the control
of the movement of livestock and other purposes related to the use and
preservation of natural resources on the site; and with the further exception of
utility transmission lines;
d. The grading of earth, with the exception of activities reasonably necessary to
correct geologic hazards, and with the further.exception of the construction and
maintenance of roads and trails reasonably necessary for (1) the use and
preservation of natural resources on the site; (2) access to structures permitted
on the parcel, or (3) access to neighboring parcels;
e. The cutting of trees, except as reasonably necessary to further other physical
alterations permitted within the area of the conservation easement, and with
the further exceptions of cutting of dead, dying, or diseased wood, and
reasonable fuel reduction activities;
f. The deliberate alteration of the endemic native vegetation found on site,except
as reasonably necessary to further other physical alterations permitted within
the area of the conservation easement, or as found appropriate by qualified
professionals for the protection of native flora or fauna found or to be
introduced on the site; and
g. The erection of structures, other than fences, utility transmission lines, and the
like, within a 100-foot radius of the spring, or on significant ridge lines or in
other locations likely to cause adverse impacts on scenic views available to the
public, or to owners or tenants of.neighboring properties.
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9. The conservation easement shall provide that prior to building any structure other than
fences, utility transmission lines,-and similar structures, and prior to obtaining any
building permit for such a structure, the persons proposing to erect the structure shall
submit plans for the structure to the Zoning Administrator. The Zoning Administrator
shall review the proposed plans for consistency with the conservation easement, and
may approve them following not less than 10 days' notice to the Save Mt. Diablo
organization. The..Zoning Administrator shall consider any public comments on the
proposed plans.
10. The boundaries of Parcels A and B shall be adjusted so that the area of chamisal,
identified in the June 28, 1990, report of Huffman & Associates, Inc., is included
entirely in the "remainder" parcel.
11 . The boundary of Parcel D shall be adjusted so that the area within a 50-foot radius of
the spring, identified in the June 28, 1990, report of Huffman & Associates, Inc., is
included entirely in:the "remainder" parcel.
12. No grazing of livestock. shall be permitted within that portion of the area of the
conservation easement within a 50-foot radius of the spring.
13. The applicants shall notify the Save Mt. Diablo organization upon submission of the
parcel map for approval by the Community Development Department. Any public
comments concerning the final map's conformance with these conditions of approval
shall be.considered.
ADVISORY NOTES
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by
the Board of Supervisors.
Currently the fee for the East County region of the County is $1,904 for each added
single family residence.
B. Comply with the requirements of the East Diablo Fire Protection District.
BT/GA/df/jn
ms23:ms30-89c.bt
8/8/89
7/5/90
7/10/90 - P/C Rev.(v)
11/5/90 (bos)
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