HomeMy WebLinkAboutMINUTES - 11241992 - H.6 " y
�4 C0ntra
TO: BOARD OF SUPERVISORS `✓WIC
FROM: HARVEY E. BRAGDON c'T COU*
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: 29 October 1992
SUBJECT: APPEAL - Symat Hillside Homes (Edward Patmount) - Minor Sub-
division 206-90 - Request Approval of a revised tentative map
to divide 1.83 acres into three (3) lots. Walnut Creek Area.
(S.D. III) .
------------------------------------
-------------------------------------------------------------------------
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Choose Option A or B listed .below:
Option A - Approval of MS 206-90
1. Approve MS 206-90 with the attached conditions. (See Exhibit
A) .
2 . Accept the environmental review documentation as being complete
and adequate.
3 . Adopt the following findings:
A. The application is consistent with the County General Plan
and the County Zoning Ordinance.
B. With the provision that the new residence will be limited
to 25-ft. , in height, the project will not have a signif-
icant adverse effect on the environment.
Option B - Denial of MS 206-90
1. Deny MS 206-90 as recommended by the County Planning Commission
based on the findings adopted by the County Planning Commiss-
ion.
BACKGROUNDfREASONS FOR RECOMMENDATION:
(See attached sheet)
CONTINUED ON ATTACHMENT: N��ri YES SIGNATUR
EN
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM4003? ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON November 24 , 1992 APPROVED AS RECOMMENDED OTHER x
See Addendum for Board action
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT II 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 November 24, 1992
cc: ATTN: CANDICE WENSLEY PHIL BATCHELOR, CLERK OF
PUBLIC WORKS DEPARTMENT THE BOARD OF SP RVISORS
D NTY NISTRATOR
BY , DEPUTY
-2-
MS 206-90 - Symat Hillside Homes:
On September 9, 1991, the Zoning Administrator denied the June 4,
1991 tentative map. The applicant appealed the decision. At the
request of the Zoning Administrator, the applicant provided maps
for the Planning Commission. However, the maps provided by the
applicant, dated October 19, 1991, differed from the June 4, 1991
maps.
On November 12 , 1991, the County Planning Commission heard and
denied without prejudice both the June 4, 1991 and the October 19,
1991 tentative maps. The Commission found the site not suited for
residential development due to the physical constraints on the
property and major concerns relative to the potential of traffic
safety problems along Sequoia Lane.
The applicant appealed the Planning Commission's decision to the
. Board of Supervisors. On January 21, 1992, the Board referred this
application back to the Planning Commission in order to have the
Commission review the site as a whole and determine whether or not
a fourth homesite exists on the property.
On February 25, 1992 , the Planning Commission's motion that an
additional homesite does not exist on the property failed with a
tie vote. A separate motion that an additional homesite does not
exist also failed. Thus, the Planning -Commission was deadlocked.
On March 3 , 1992, the Board of Supervisors reviewed this
application and directed County Counsel to provide a legal review
of the history of this application and directed Community Develop-
ment to explore the feasibility of another lot.
On March 17, 1992, the Board of Supervisors declared its intent to
approve MS 206-90 and referred the matter to the Planning Commiss-
ion for a de novo hearing.
Between March 1 and today's date, as directed by the Board, the
applicant submitted a geotechnical update from Alan Kropp & Assoc-
iates. The update concludes that the proposed building site is
acceptable from a geotechnical standpoint.
On October 13, 1992 , in a de novo hearing,the County Planning
Commission herd and denied MS 206-90.
On October 21, 1992 , the applicant appealed the County Planning
Commission's decision.
ADDENDUM TO ITEM H.6
NOVEMBER 24, 1992
On November 17, 1992, the Board of Supervisors deferred to this date the
decision on the appeal by Symat Hillside Homes (appellant) from the decision of the
Contra Costa County Planning commission on the referral by the Board of Supervisors
for a de novo hearing on the request by Symat Hillside Homes (applicant and owner) for
approval of a revised tentative map (MS 206-90) to divide 1.83 acres into 3 lots in the
Walnut Creek area.
Supervisor Schroder moved to grant the appeal and adopt the findings developed
by staff.
The motion died for lack of a second.
Supervisor Torlakson moved to deny the appeal of Symat Hillside Homes on the
above matter.
Supervisor Powers seconded the motion.
1T IS BY THE BOARD ORDERED that the appeal on the above matter is
DENIED; and County counsel is REQUESTED to prepare appropriate findings for the
Board's consideration on December 15, 1992.
EXHIBIT A
CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 206-90
1 . The request to subdivide the 1 .83 acre parcel is approved for three parcels subject to
the revised Tentative Map dated received by the Community Development Department
on May 1, 1992. The following conditions of approval require compliance prior to the
filing of the Parcel Map unless otherwise indicated.
2., At least 60 days prior to filing the parcel map the applicant shall.submit a revised
Tentative Map which relocates the proposed driveway for Parcel 'A' northwest of the
proposed access shown on the May 1 , 1992 tentative map.
3. All of the existing trees, including the Oak Tree indicated to be removed, on the May
1, 1992 Tentative Map, shall be preserved.
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 will clearly show grading and the relationship of the
grading to the existing trees. The plan shall be accompanied by a report from a
qualified arborist on the proposed grading 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.
4. At least 30 days prior to issuance of a grading permit or filing of a parcel map, the
applicant shall submit a revised plot plan and house plans for proposed Parcel 'A' for
review and approval of the Zoning Administrator. The revised plot plan shall either
eliminate or reduce the size of the proposed deck, so that is does not encroach into the
setback, sideyard or rearyard areas.
5. At least 30 days prior to obtaining building permits, a revised site plan for Parcel 'A'
shall be submitted for the review and approval of the Zoning Administrator. The plan
shall include building elevations for the proposed home from all elevations. The
following requirements shall apply.
A. Grading shall be minimized. If unavoidable, retaining walls up to three feet in
height shall be used as much as possible.
B. The proposed home on Parcel 'A' shall be limited to 25' and the home
(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.
6. 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 m:tigation(s), if deemed
necessary.
2
7. Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power
generators, shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday
through Friday, and shall be prohibited on State and Federal holidays. The
restrictions on allowed working days may be modified on prior written approval
by the Zoning Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone number
and area of responsibility. The person responsible for maintaining the list shall
be included. The list shall be kept current at all times and shall consist of
persons with authority to indicate and implement corrective action in their area
of responsibility. The names of the individual responsible for noise and litter
control shall be expressly identified in the notice. The notice shall be reissued
with each phase of major grading activity.
A copy of the notice shall be concurrently transmitted to the community
Development Department. The notice shall be accompanied by a list of the
names and addresses of the property owners noticed, and a map identifying the
area noticed.
D. A dust and litter control program shall be submitted for the review and approval
of the Zoning Administrator. Any violation of the approved program or
applicable ordinances shall require an immediate work stoppage. Construction
work shall not be allowed to resume until, if necessary, an appropriate
construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. Prior to issuance of building permits, the proposed
roads serving this development shall be constructed to provide access to each
lot. This shall include provision for an on-site area in which to park earth
moving equipment.
S. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
3.
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 Sequoia Avenue.
An exception to this requirement is granted provided a deferred
improvement agreement is executed requiring the owner(s) of the
property involved in Subdivision MS 206-90 to:
a) Construct curb,four-foot six-inch sidewalk(width measured from
curb face), necessary longitudinal and transverse drainage, and
necessary pavement widening along the frontage. The face of
the curb shall be 16 feet from the centerline of the road.
b) Underground all utility distribution facilities along the Sequoia
Avenue frontage.
c) 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.
2) Constructing a paved turnaround at the end of the proposed private
road, subject to review and approval of the Consolidated Fire District.
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.
Satisfaction of this requirement shall include constructing that portion
of Line B of Drainage Area 15A which lies between the subject property
and Park Avenue, and continuing eastward along Park Avenue to
discharge into the creek located east of the Park Avenue cul-de-sac.
4) Designing and constructing storm drainage facilities required by the
Ordinance in compliance with specifications outlined in Division 914 of
the Ordinance and in compliance with design standards of the Public
Works Department.
5) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
4.
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 Public Works
Department, Road Engineering Division.
7) Submitting a Parcel Map prepared by a registered civil engineer or
licensed land surveyor.
B. Convey to the County, by Offer of Dedication, additional right of way on
Sequoia Avenue as required for the planned future width of 52 feet, and as
needed for slope easements.
C. Relinquish abutter's right of access along Sequoia Avenue with the exception
of Sequoia Lane.
D. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the driveways.
E. Construct a 20-foot paved private roadway to County private road standards,
within 30-foot easement, for that portion of the road which will service more
than one parcel in this proposed subdivision.
F. Provide for adequate sight distance at the private road intersection with
Sequoia Avenue based on a design speed of 30 miles per hour in accordance
with CALTRANS standards.
G. Furnish proof to the Public Works Department, Engineering Services Division,
of the acquisition of all necessary right of entry, permits and/or easements for
the construction of off-site, temporary or permanent, road and drainage
improvements.
H. Establish a maintenance agreement to insure future maintenance of the private
road.
I. Provide for a minimum of six on-site parking spaces, located outside the private
road easement, for Parcel C, subject to review and approval of the Zoning
Administrator.
ADVISORY NOTES
A. Applicant shall comply with the Park Dedication Fee Ordinance.
B. Comply with the requirements of the Central Sanitary District.
5.
C. Comply with the requirements of the Consolidated Fire Protection District. (as follows):
D. Comply with the requirements of the Health Services Department, Environmental
Health Division.
E. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
F. This project may be subject to the requirements of the Department of Fish & Game.
The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville,
California 94599, of any proposed construction within the development that may
affect and fish and wildlife resources, per the Fish and Game Code.
G. This project may also be subject to the requirements of the United States Army Corps
of Engineers. The applicant should notify the appropriate district of the Corps of
Engineers to determine if a permit is required.
H. The applicant will be required to pay a $1 ,250 review fee for the Department of Fish
and Game at the end of the appeal period.
I. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the South Walnut Creek Area of Benefit as
adopted by the Board of Supervisors.
J. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 15A as adopted by the Board of Supervisors.
K. Certain improvements required by the Conditions of Approval for this development or
the County Subdivision Ordinance Code may be eligible for credit or reimbursement
against said fee. The developer should contact the Public Works Department to
personally determine the extent of any credit or reimbursement for which he might be
eligible.
CW/sj/aa
MSXXI/206-90C.CW
10/5/92