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Home My WebLink AboutMINUTES - 01221991 - H.4 H. 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 22, 1991 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ------------ SUBJECT: Hearing On Appeal By Herbert and Barbara Herman On Request By Vaquero Land Company, Subdivision 7345, Byron Area On January 15, 1991, the Board of Supervisors continued to this date the hearing on the appeal by Herbert and Barbara Herman (appellants) from the decision of the East County Regional Planning Commission to deny the request by Vaquero Land Company (applicant and owner) to subdivide 105 acres of land into 9 units (Subdivision 7345) in the Byron area. Karl Wandry, Community Development Department, commented on meeting with the applicant and Supervisor Torlakson and recommended that the water condition originally recommended by staff be in place and that there be a condition requiring the applicant to initiate an assessment district for the paving and maintenance of the access road. Mr. Wandry advised that while the Planning Commission did deny the request, the water and access questions had been resolved -and therefore, staff advised that the Board could approve the project with the revised conditions. Herb Herman, 40329 Paseo Padre Parkway, Fremont, appellant, commented on the size of the parcels in the area surrounding the site. The public hearing was closed. Supervisor Torlakson moved approval adding to Mr. Wandry' s comments a requirement that the applicant initiate an assessment district to pay appropriate fair share of the access road paving, to do a deferred improvement agreement if the assessment district does not move forward immediately, and that the applicant be required to participate financially in dust control and maintenance agreement. IT IS BY THE BOARD ORDERED that Subdivision 7345 is APPROVED with amended conditions. (Exhibit A attached) . hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supe isors on the date shown. ATTESTED: _ PHIL CHELOR, rk of the Board of SuperNsors and County Administrator 0 • By J ,Deputy cc: Community Development Dept. County Counsel Herbert and Barbara Herman Public Works-Steve Wright Assessor Byron Fire Protection Dist. MIBIT CONDITIONS OF APPROVAL FOR SUBDIVISION 7345 1. This application is approved subject to the following conditions being met prior to filing of a Final Map (unless otherwise indicated). The site shall be subdivided into 6 lots with remainder as shown on the revised tentative map dated received November 15 1990. 2. Development on lots shall be confined to a two acre development site. Development sites shall be kept off of ridgelines, and shall be subject to review and approval of the County Zoning Administrator. The areas outside of the development sites shall be placed in a scenic easement that will allow only for the construction of agricultural related structures only. 3. Prior to the issuance of building permits,specific site development plans shall be made _ for review and approval of the Zoning Administrator. The plans shall indicate proposed grading for and location of structures, driveways, drainage, well site, leach field location and extent, and water storage for.fire fighting. Homesites shall be designed with a minimum of grading. Where significant grading is needed, an acceptable erosion control plan shall be provided with the application. Home siting shall be reviewed for energy conservation features (building site orientation and feasibility for solar facilities will be considered). The access road shall end in a 35 foot radius cul-de- sac or acceptable hammerhead turnaround. 4. The applicant shall demonstrate that an adequate water supply for domestic and fire fighting purposes is available prior to filing of the parcel map. A hydro-geological evaluation of the site may be required. 5. This subdivision is conditionally approved, subject to the applicant obtaining approval from the Health Department for the utilization of individual sewage disposal on each lot. Percolation tests must be passed on each lot. 6. Adequate fencing shall be provided to contain domestic animals on sites developed with residences with all gates to be closable by a nearby rancher when necessary. Fence plans shall be submitted with building plans for residences. 7. 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 Archaeology (SOPA) has had an-opportunity to evaluate the significance of.the find and suggest appropriate mitigation(s),if deemed necessary. 8. Each residential unit shall have a house number clearly visible from the street 24-hours a day. 9. Applicant shall provide Community Development Department with an update of the site study for JOLquin Kit Fox. The report shall indicate if there are any Kit Fox dens on the site, and if so, mitigation measures that have to be taken. i 2. The report shalt be prepared and approved prior to any site grading or development. A competent biologist shall prepare and'sign the report. The biologist needs to have knowledge of methods used to identify the San Joaquin Kit Fox. if needed, mitigation measures shall be applied to this project. 10. 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) Constructing road improvements along the frontage of Camino Vaquero Road and Vasco Road. Because of the large parcels involved and the agricultural nature of the subdivision, an exception to this requirements is granted. 2) Constructing a turnaround at the end of Herman Heights Road. 3) Street lighting is= required. 4) 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. 5) 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 provided the applicant maintains the existing drainage pattern and does not dispose concentrated storm water run-off adjacent property. 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 Final Map prepared by a registered civil engineer or licensed land surveyor. 3. B. Convey to the County, by Offer of Dedication,additional right of way on Vasco Road as required for the planned future width of 92 feet. C. Construct a 24-foot all weather surfaced private roadway to County private road standards,within a 40-foot easement,to serve all parcels in this proposed subdivision. Sierra Hills Drive shall be widened to a 24 foot wide all weather surfaced roadway along the frontage of Lots 2, 3 and 4. D. 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. E. Relinquish abutter's rights of access along Vasco Road. 11. The applicant shall initiate an assessment district for paving Camino Vaqueros Road from the existing gate to Camino Diablo to a width of 20'. Should the assessment district fail the applicant is required to pay his equitable fair share as if the assessment district passed, to a road trust fund. 12. On the provision of police service, the applicant agrees to vote their property into a "special tax area"for police service at an initial level of $200 per parcel annually. This amount shall be adjusted yearly according to the Bay Area CPI. Furthermore, the Board of Supervisors shall review the assessment amount and adjust it to a higher level as conditions warrant it. Review shall be made of the initial assessment amount after budget hearings and after the pending elections of the general community on the question of additional police services. ADVISORY NOTES The following advisory statements are included to advise the applicant of the requirements of other agencies: A. Comply with the requirements of the Byron Fire Protection District. B. Comply with the-requirements of the Health Services Department, Environmental Health Division. C. Comply with the requirements of the Building inspection Department. 4. D. 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 the building permits on the property. AB/aa SUBVR345C.AB 9/11/90 11/21/90 1/25/91 BOS Approval 3/13/91 (Revised) r