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HomeMy WebLinkAboutMINUTES - 12031991 - H.10 {x, 10 Contra TO: BOARD OF .SUPERVISORS 1 - C�JJIa 1.. FROM: HARVEY E. BRAGDON � / DIRECTOR OF COMMUNITY DEVELOPMENT ''' ' •'J DATE: November 19, 1991 SUBJECT: HEARING ON APPEAL OF THE TENTATIVE MAP FOR MINOR SUBDIVISION 165-90 - OAKLEY AREA (Applicant h Owner: Barbara M. dd Fremery, et al) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) is BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Negative Declaration for this project and 2. Deny the appeal -filed by Barbara M. de Fremery, et al with respect to Collect and Convey requirements. 3. Alternatively: Adopt the Negative Declaration for this, project and 4. Grant the appeal filed by Barbara M. de Fremery, et al with respect to Collect and Convey requirements. .BACKGROUND The background for this project is reviewed in the August 26, 1991 staff report to the East County Regional Planning Commission. The Commission reviewed an appeal of the Zoning Administrator's approval of the application filed by Barbara M. de Fremery, et al. Barbara M. de Fremery, et al appeal the Public Works condition with respect to Collect and Convey on May 8, 1991. On August 26, . 1991, after taking testimony, the Planning Commission voted to deny the Barbara M. de Fremery, et al appeal, and uphold the Zoning Administrator's decision. On September 2, 1991, .the owners of the property, Barbara M. de Fremery, et al appealed the Commission's decision to the Board of Supervisors. The Barbara M., de Fremery, et al appeal.contains no new ation that was not available to the Commission. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA ION O O COMMITTEE APPROVE OTHER SIGNATURE(8) : ACTION OF BOARD ON December 3, 1991 APPROVED AS RECOMMENDED OTHER On November 19, 1991, the Board of Supervisors continued to this date the .hearings on the appeals of Barbara deFremery, et al from the decisions of the East County Regional Planning Commis- sion on MS 164-90, MS 165-90, MS 166-90, and MS 167-90 in the Oakley area. Mary Fleming, Community Development Department, recom- mended that the hearings all be considered together, and she commented on the appeals of the applicants relative to the collect and convey condition. Ms. Fleming commented on the staff recom- mendation to adopt the Negative Declaration for the project and to deny the appeals with respect to the collect and convey condition. Mitch Avalon, Public Works Department, commented on the history of the collect and convey requirements, drainage in the area of the proposed minor subdivisions, and a proposed infiltra- tion basin. Supervisor Torlakson requested clarification from Public Works on a proposed interim solution to the collect and convey requirements. Mr. Avalon responded to Supervisor Torlakson's request. The following persons appeared to speak: Barbara M. .deFremery, P.O. Box 102,. Knightsen, requested -approval of the proposed minor subdivisions. Jerry Thomas, 717 Dainty Avenue, Brentwood, spoke in .favor of the proposed minor subdivisions. The Board discussed the matters. Supervisor 'Torlakson moved .to deny the appeal so that the minor subdivisions will be subject to collect and convey but instructing the staff to work .with the applicants to see if, in some reasonable period before the parcel maps would be presented for approval, there were a possible alternative improvement plan that staff could recommend to the Board, and if nothing can be worked out, then they will have the choice of proceeding with the collect - and convey requirements or not presenting the parcel maps for approval. IT IS BY THE BOARD ORDERED that recommendations l and 2 are APPROVED; and Minor Subdivision 165-90 is APPROVED without exception (Conditions .attached Exhibit A) ; and the Community Development and Public Works staff are DIRECTED to work with the applicants on alternative methods of drainage and flood control. VOTE OF -SUPERVISORS' I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT ,II , III 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. Orig: Community Development Department , ATTESTED December 3, 1991 cc: Public Works-Mitch Avalon PHIL BATCHELOR, CLERK OF Assessor County Counsel THE BOARD OF SUPERVISORS CO ADMINISTRATOR Oakley 'Fire Protection District Barbara DeFremery, et al BY • RMP/df , DEPUTY CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 165-90 1 . The request to subdivide the 12.9± acre parcel into two (2) parcels subject to the Tentative Map dated received by the Community Development Department on September 28, 1990. 2. In order to preserve agricultural lands, County ranchette policy shall apply to this project requiring that the building sites be reviewed and approved by the Zoning Administrator prior to building permit. This shall be noted as a deed restriction on each parcel/lot. 3. At least 30 days prior to the issuance of building permits, development plans for each building site shall be reviewed and approved by the Zoning Administrator. Homes and other large structures shall be designed and placed to minimize the visual impact on adjoining properties. 4. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeologists (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 5. Prior to filing the parcel 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 the State standards for a pure, wholesome and potable water supply. (Title 11 , Section 6443) 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. 1 D. In addition to the above, a hydra-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 County Ordinance Code criteria and Health Services Department regulations. Percolation tests must be passed on all proposed lots prior to filing of the parcel map. 6. Prior to approval of the Parcel Map, the individual building envelopes shall be subject to design review by the Zoning Administrator. Applicant shall indicate on the tentative subdivision map the following information for each parcel: proposed driveways, building site,well site,leach field site,and provision for water storage for fire fighting. Homesites shall be designed with a.minimum grading. Where significant grading is needed, an acceptable erosion control plan shall be provided with the application. Homesiting shall be reviewed for energy conservation features(building site orientation and feasibility for solar facilities will be considered). Revised tentative subdivision map shall be subject to the review and approval of the Zoning Administrator prior to filing the Parcel Map. 7. The following statement shall be recorded at the County Recorder's Office for each parcel to notify future owners of the parcels that they own property in an agricultural area: "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 pan of the agricultural way of life in East Contra Costa County and you should be fully aware of this at the time of purchase." 8. 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: 1. Chapter 96-10, "Underground Utilities". Because of the large parcels involved and the agricultural nature of the. subdivision, an exception to this requirement is granted. 2 2. Section 914-2.002, "On-site Collect and Convey Requirements" and Section 914-2.004, "Off-site Collect and Convey Requirements". 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. 3. The Ordinance prohibits the discharging of concentrated storm waters into roadside ditches. As roadside ditches are characteristic of the area,an exception from this requirement is granted provided the applicant verifies the adequacy of the downstream ditch system or constructs any necessary improvements to make this system adequate. 4. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 5. Constructing a turnaround at the end of the proposed private 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. 7. Submitting a Parcel Map prepared by a registered. civil engineer or licensed land surveyor. B. Construct a 16-foot paved private roadway with two-foot gravel shoulders to County private road standards,within the 60-foot easement,to serve all parcels in this proposed subdivision. This road shall extend to Sellers Avenue. An exception will be permitted from construction of these improvements at this time, provided the applicant executes a deferred improvement agreement requiring the owner(s) of the property involved in Subdivision MS 164-90 to construct these improvements. At the time the deferred improvement agreement is called up, submit improvement plans, if required, to the Public Works Department, Engineering Services Division, for review; pay the inspection fee, plan review fee and applicable lighting fees. C. In lieu of standard driveway depressions at the private road connection to Sellers Avenue, a street-type connection with 20-foot radius pavement returns should be constructed. 3 D. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Sellers Avenue. E. 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. F. Provide deed notification and signing to inform prospective property owners that the private roads may be extended in the future. G. Observe a 55-foot structure setback from the southerly line of this property. H. Execute a deferred improvement agreement requiring the owners of the property involved in Subdivision MS 165-90 to: Construct one half of a 16-foot paved private roadway to County public road standards, within the existing 60- foot easement along the easterly property line of Parcel "B" (the owners of the property involved in Subdivision MS 167-90 will construct the other half of this roadway). I. At the time the deferred improvement agreement is called up, submit improvement plans, if required, to the Public Works Department, Engineering Services Division, for review; pay the inspection fee, plan review fee and applicable lighting fees. 4 ADVISORY NOTES A. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East*County Area of Benefit and the East/Central County Travel Corridor Area of Benefit as adopted by the Board of Supervisors. B. The applicant shall comply with the Park Dedication Fee. C. The applicant shall comply with the requirements of the Environmental Health Division. D. The applicant shall comply with the requirements of the Building Inspection Department. E. The applicant shall comply with the requirements of the Oakley Fire Protection District. F. The applicant will be required to pay an environmental review fee for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. RMPfjn ms17:165-90c.rmp 4/18191 5/6191 (za:jn) 5 u li