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HomeMy WebLinkAboutMINUTES - 02141992 - H.4 TO BOARD OF SUPERVISORS :Aarv4--'y E. Bragdon, = Contra H.4 Fes'' Director of Community Developmentf Costa DATE: December 17, 1991 COJ "1 .Requesting Approval to divide 51. 34 Acres of Agricul Land, SUBJECT.in an Agricultural Preserve District (A-4) into Two Parcels (Minor Subdivision 114-90) (Applicant: DeBolt) (Owner: DeGennaro) SPECIFIC REQUEST(S) OR RECChM4ENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Accept the environmental review documentation as being adequate. 2. Adopt the following finding: A. Based on the Joint Management Contract submitted by the applicant, the subdivision is consistent with the Subdivision Map Act and the Williamson Act Contract. 3 . Approve MS 114-90 subject to the attached conditions of approval as recommended by the Zoning Administrator. BACKGROUND This project requires the approval of the Board because according to the Subdivision Map Act all subdivisions of land under an agricultural preserve contract., require the approval of the legislative body of the jurisdiction. On November 18, 1991 the Zoning Administrator recommended that the Board approve this project with conditions as attached. The division of 52 . 34 acres will create 2 parcels, the first 20 acres and the second 31. 34 acres. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: __ YES SIGNATURE; 41 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(SI: ACTION OF BOARD ON January 149 1992 APPROVED AS RECOMMENDED �_ OTHER _ This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the Zoning . Administrator on the request by DeBolt Civil Engineering (applicant) and Ray DeGennaro (applicant and owner) for approval of a vesting tentative map to divide 51. 34 acres of non-prime agricultural land in an Agricultural Preserve District (A-4) into two parcels (MS 114-90) in the San Ramon/Bollinger Canyon area. Mary Fleming, Community Development Department, presented the staff report and she described the project site and the Joint Management Contract. The public hearing was opened and the following persons appeared to speak: Eric Hasseltine, 1350 Treat Boulevard #210, Walnut Creek, representing Ray DeGennaro, owner, requested approval of the minor subdivision and expressed agreement with the staff report. Ron Gatti, 311 Barton Court, Danville, spoke in favor of the project in general, but expressed concerns with Condition 2 relative to the granting of Eft Bay Regional Park Trail and Vehicle easement. Linda Pratt, 11500 Skyline Boulevard, Oakland, representing East Bay Regional Park District, commented on the trail easement condition. The public hearing was closed. Supervisor Schroder commented on the cooperation of East Bay Regional Park District in working with people in neighborhoods and he moved approval of the staff recommendations. IT IS BY THE BOARD ORDERED that recommendations 1, 2, and 3 are APPROVED. VOTE OF SLqmEM I SMS X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT Copy CW AN ACTION TAKEN AYES, NOES ABSENT: ABSTAIN: AND ENTERED ON THE MIIIJUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development. Dept. ATTESTED January 14 , 1992 County Counsel Public Works-Steve Wright PHIL BATCHELOR. CLERK OF THE BOARD OF Assessor SUPERVISORS AND COUNTY ADMINISTRATOR San Ramon Valley Fire Prot . Dist. DeBolt Civil Engineering BY 0 M382,7 -83 Hasseltine-Best DEPUTY Ray DeGennaro CONDITIONS OF APPROVALS MS 114-90 1. The request to subdivide the parcel is approved for two parcels subject to the Vesting tentative Map dated received by the Community Development Department on June 11, 1991. The following conditions of approval require compliance prior to the filing of the Parcel Map unless otherwise indicated. 2. A 20' trail easement along the existing fire road shall be granted to the East Bay Regional Parks District for a recreational trail and emergency, fire and maintenance vehicle access. An emergency, fire and maintenance vehicle access located along the access road leading to Bollinger Canyon Road shall be dedicated to the East Bay Regional Parks District. Prior to recording the Parcel Map, the applicant shall submit evidence to the Zoning Administrator that the necessary title instruments have been exchanged and recorded with the Park District. 3. Prior to the issuance of a grading permit or filing a Parcel Map, an archaeological reconnaissance report shall be prepared and submitted to the Community Development Department. This report shall be prepared by a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) . The report shall be implemented unless otherwise waived by the Zoning Administrator. 4. An Agricultural Preserve Contract identical to the Contract covering the original parcel shall be executed by the owner of each parcel created by the division, at the time of the division. 5. The future residences shall . be built in the location shown on •the revised Vesting Tentative Map dated received by the Community Development Department on June 11, 1991. Any changes in the location of the residences shall require the review and approval of the Zoning Administrator. 6. At least four weeks prior to obtaining building permits, a site plan for each parcel shall first be submitted for the review and approval of the Zoning Administrator. The plans shall include building elevations for all proposed structures, existing . terrain and proposed grading-The following requirements shall apply. A. Grading shall be minimized. If unavoidable, retaining walls up to three feet. in height should be used as much as possible. B. Buildings (including roof shapes) shall be designed and built to be visually compatible with the hillside area. A combination of staggered exterior wall lines and stepped-ongrade structure design may be appropriate. C. All home designs shall be subject to review and approval of the Zoning Administrator. Any deck should blend into the design of the structure. Proposed exterior colors shall be earthtone or other natural local colors. D. Should a house be built on the existing pad on Parcel 'B' , the portion of the pad facing Bollinger Canyon Road shall be bermed in order to reduce the visual impact of the house. This berm shall be landscaped with vegetation native to the area. 7 . At least 30 days prior to issuance of a .grading permit or filing of a parcel map, a grading/tree preservation plan shall be submitted for the review and approval of the Zoning Administrator. The plan shall identify all the trees, which may be effected by the development of the site, with a trunk circumference of 30 inches or more, measured 4-1/2 feet above the ground. The trunk size, , species and approximate drip line of each qualifying tree shall be identified on the plan and whether the tree is proposed to be removed or preserved. The objective of the review in part shall be to minimize the removal of existing mature trees. The plan shall be accompanied by a report from a qualified arborist on the proposed plan recommending measures to protect trees as appropriate during the construction and post-construction stages. The recommended measures from the arborist shall be integrated into or otherwise attached to the proposed grading plan. 8. 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: 2 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 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. 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. 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. In addition to the above, a hydro-geological evaluation may be required in know 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 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 Map. 9. Concurrently to filing the Parcel Map the applicant shall record a Joint Management Agreement as follow: A. The Joint Management Agreement shall be reviewed by the County Counsel and the Zoning Administrator. B. The agreement must, state that the parties agree that both parcels will be operated subject to the terms and conditions and for the duration of the Williamson Act. C. The agreement shall be placed in a form so that it can be recorded. It shall include a legal property description of the existing parcel and each of the parcels created by this subdivision, and it shall refer to the Williamson . Act contract by volume and page of the County Records. 3 D. Once entered into this agreement shall be recorded and listed in the grantor-grantee index. 10. Prior to filing the Parcel Map the applicant shall submit to the San Ramon Valley Fire Protection District improvement plans indicating the grade, width, and surface materials for all road and driveways for their review and to the Zoning Administrator 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. 1. Constructing road improvements along the frontage of Bollinger Canyon Road. 2. Constructing a turnaround at the end of the proposed private road serving Parcel B. 3 . 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 public 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 to adjacent property. 4. Relinquishing "development rights" over that portion of the site that is within the structure setback area of the on-site creek. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14, "Rights of Way 4 N y and Setbacks", of the Subdivision ordinance. 5. Submitting improvement plans prepared by a registered civil engineer, payment of review an 'inspection fees, and security for all improvements required by the Ordinance Code of the conditions of approval for this subdivision. B. Provide for adequate sight distance at the intersection of the private road with Bollinger Canyon Road using a design speed of 55 miles per hour in accordance with CALTRANS standards. C. Construct a 16-foot all-weather surfaced private roadway to County private road standards, within a 25-foot easement, for that portion of the access road which will serve more than one parcel in this proposed subdivision. The first 20 feet of the private road from Bollinger Canyon Road shall be paved. D. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Bollinger Canyon Road. 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. Establish and/or enter into a maintenance agreement to insure the future maintenance of the private road. G. Submit a preliminary sketch plan and profile to the Public Works Department, Engineering Services Division, showing the vertical and horizontal alignment of the private road to determine the feasibility of improving the road to County private road standards. The sketch plan shall show which portions of the road, if any, will need to be widened or paved. 5 ADVISORY NOTES I. Comply with the requirements equirements of the , Health 'Services Department, Environmental Health Division. 2. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. .3. The applicant will be required to pay a $1275 environmental 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. 4 . Comply with the requirements of the San Ramon Valley Fire Protection -District. 5. This project may be subject to the requirements of the Department of Fish & Game. It i's 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 Fish & Game Code.. 6. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corp of Engineers to determine if a permit is required and if it can be obtained. 7. The applicant will be required to comply with the requirement of the Bridge/Thoroughfare Fee ordinance for the South County 'Area of Benefit as adopted by the Board of Supervisors. MS34/114-90C.CW 11/15/91 11/18/91 Z.A.Rev. (v) 6