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Home My WebLink AboutMINUTES - 01121993 - H.12 _ dES E Contra TO: BOARD OF SUPERVISORS —� Costa FROM: HARVEY E. BRAGDON , . :_ 'S County DIRECTOR OF COMMUNITY DEVELOPMENT srq• 'L" CT DATE: January 12, 1993 COUfa"" , SUBJECT: HEARING ON REZONING APPLICATION 12988-R2 (Stremel Enterprises-Applicant A Owner) to rezone 28.62 acres of land from the Heavy Agriculture District (A-3) to the General Agriculture District (A-2) and the Single Family Residential District (R-40) . Subject property is located at the northwest corner of Camino Diablo (960 foot frontage) and Biuler Road (1,300 foot frontage, in the Byron area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) h BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning application 12988-RZ to rezone the site from Heavy Agriculture District (A-3) to General Agriculture District (A-2) and Single Family Residential District (R-40) . 3. Adopt the East County Regional Planning Commission's findings as set forth in Resolution No. 65-1992 as the determination for these actions. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On October 26, 1992, the East County Regional Planning Commission after taking testimony, recommended that the Board of Supervisors approve this rezoning subject to the findings attached. At that same meeting the East County Regional Planning Commissio approved the companion Subdivision Application 17790 for 6 lots subject to the approval of the rezoning of the site. CONTINUED ON ATTACHMENT: YES 8I43NATUIRE RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECO ND N O D COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON January 12. , 1993 APPROVED AS RECOMMENDED OTHER This is the time heretofore noticed for hearing on the recommendation of the East County Regional Planning Commission on the .request of Stremel Enterprises, Inc. (applicant and owner) for approval to rezone 28. 62 acres of land from Heavy Agricultural District (A-3 ) to General Agricultural District (A-2) in the Byron area. Dennis Barry, Community Development Department, presented the staff report on the request before the Board, and he commented on the East County Regional Planning Commission approval of the request and a companion subdivision application 7790 for six lots subject to the approval of the rezoning of the site. Mr. Barry advised of the staff recommendation that the Hoard accept the environmental documentation prepared for this project as being adequate, approve rezoning application 2988-RZ, adopt the East County Regional Planning Commission's findings as set forth in its resolution 65-1992 as the determination for the actions, introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set the date for the adoption of same. Supervisor Torlakson requested clarification that this was not a prime ag core area. Mr. Barry responded that it was not. The public hearing was opened and the following persons appeared to speak: John Stremel, President, Stremel Enterprises, Inc. , requested approval of the rezoning application. The public hearing was closed. Supervisor Torlakson moved approval of the staff recommendations and the East County Regional Planning Commission' s recommendations with an additional condition that the installation of the electric car recharging system be under further review by the Zoning Administrator and subject to the final adoption of Board policy through the Energy Committee. IT IS BY THE BOARD ORDERED that recommendations 1,2 3 , and 4 are APPROVED; and Ordinance No. 93-15 is INTRODUCED, reading waived, and January 26, 1993 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 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. Contact:ART BERESPORD-646-2031 ATTESTED January 12 , 1993 cc: Community Development Department PHIL BATCHELOR, CLERK OF Stremel Enterprises, Inc. THE BOARD OF SUPERVISORS Public Works-Attn: Mitch Avalon CO Y ADMINISTRATOR County Counsel Assessor BY , DEPUTY AB/df East Diablo Fire Protection Dist. L REZONING APPLICATION #2988-RZ A-3 TO A-2 (&R-40) STREMEL ENTERPRISES, INC. (Applicant & Owner) BYRON AREA A REQUEST TO REZONE 28. 62 ACRES OF LAND FROM A-3 TO A-2 BOARD OF SUPERVISORS CONTRA COSTA COUNTY JANUARY 12, 1993 - 2:00 P.M. .� Contra TO: BOARD OF SUPERVISORS Costa FROM: HARVEY E. BRAGDON County DIRECTOR OF COMMUNITY DEVELOPMENT �r�o'R • _ y�ti�A DATE: January 12, 1993 sra c6vrrt; SUBJECT: HEARING ON REZONING APPLICATION#2988-RS (Stremel Enterprises-Applicant a Owner) to rezone 28.62 acres of land from the Heavy Agriculture District (A-3) to the General Agriculture District (A-2) and the Single Family Residential District (R-40). subject property is located at the northwest corner of Camino Diablo (960 foot frontage) and Bixler Road (11300 foot frontage, in the Byron area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) 6 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning application #2988-RZ to rez(ine the site from Heavy Agriculture District (A-3)' to General Agriculture District (A-2) and Single Family Residential District (R-40) . 3. Adopt the East County Regional Planning Commission's findings as set forth in Resolution No. 65-1992 as the determination for these actions. 4. Introduce the Ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of, same. FISCAL IMPACT None. BACKGROUNDIREASONS FOR RECOMMENDATIONS On October 26, 1992, the East County Regional Planning Commission after taking testimony, recommended that the Board of Supervisors approve this rezoning subject .to the findings attached. At that same meeting the East County Regional Planning Commissio approved the companion Subdivision Application #7790 for 6 lots subject to the approval of the rezoning of the site. CONTINUED ON ATTACHMENT: YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECO N Ot 27RD COMMITTEE APPROVE ___ OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 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. Contact:ART BERESPORD-646-2031 ATTESTED cc: Community Development Department PHIL BATCHELOR, CLERK OF Stremel Enterprises, Inc. THE BOARD OF SUPERVISORS Public Works-Attn: Mitch Avalon AND COUNTY ADMINISTRATOR BY , DEPUTY AB/df RESOLUTION NO. 65-1992 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY STREMEL ENTERPRISES, INC. (APPLICANT AND OWNER) , (2988-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE OAKLEY AREA OF SAID COUNTY. WHEREAS, a request by Stremel Enterprises, Inc. (Applicant & Owner) (2988-RZ) to rezone 28. 62 acres from Heavy Agricultural District (A-3) to General Agricultural District (A-2) , along with Subdivision 7790, was received on June 25, 1992; and WHEREAS, in connection with applicantfs requests, an Initial Study of Environmental Significance was prepared by the Community Development Department which determined that the requested entitlements would not have any significant adverse environmental impacts; and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, a Negative Declaration of Environmental Significance was prepared, posted and circulated; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on Monday, October 12 , 1992; and WHEREAS; on October 12, 1992 the East County Regional Planning Commission rescheduled the hearing on these matters to October 26, 1992; and WHEREAS, on October 26, 1992 the East County Regional Planning Commission held the continued hearing on these projects, whereat all persons interested might appear and be heard; and WHEREAS, on Monday, October 26, 1992, the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and WHEREAS, staff had recommended that the southern 8± acres of the site be rezoned to Single Family Residential District (R-40) to bring the site zoning into compliance with the general plan designation of Single Family Residential Very Low Density for that part of the site and to eliminate any variance to lot size under the General Agriculture District (A-2) ; and NOW, THEREFORE, BE IT RESOLVED that East County Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of Stremel Enterprises, Inc. (Applicant & Owner) (2988-RZ) be approved to rezone the northern 20. 62± acres of the site from Page Two RESOLUTION NO. 65-1992 Heavy Agricultural District (A-3) and the souther 8± acres of the site from the Heavy Agriculture District (A-3) to the Single Family Residential' District (R-40) , and that this zoning change be made indicated on the finding maps entitled: Page Q-28-m of the County's 1978 Zoning Map. BE IT FURTHER RESOLVED that the .- reasons for these recommendations are as follows: 1. The proposed rezoning is consistent with existing general plan designations of agricultural lands and single family residential very low density for the site. 2. The uses authorized in the land use district are compatible within the district and to uses authorized in adjacent general plan designations. 3. Community need for additional residential housing has been made through the adoption of the County General Plan. BE IT FURTHER RESOLVED that the Chair and the Secretary of the East County. Regional Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the East County Regional Planning Commission to prepare this resolution were given by motion of the East County Regional Planning Commission on Monday, October 26, 1992, by the following vote: AYES: Commissioners - Planchon, Sobalvarro, Andrieu, Hanson, Hern, Wetzel NOES: Commissioners - None ABSENT: Commissioners - Maybee ABSTAIN: Commissioners - None I, Earl, Wetzel, Chair of the East County Regional Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Monday, November 16, 1992 , and this resolution was duly and regularly passed and adopted by the following vote of the Commission: Page Three RESOLUTION NO. 65-1992 AYES: Commissioners - Hern , Sobalvarro , Hanson, Planchon, Wetzel NOES: Commissioners None ABSENT: Commissioners - Andrieu ABSTAIN: Commissioners - Maybee EARL WETZEL Chair of the East County Regional Planning Commission, County of Contra Costa, State of California ATTEST: Secretary of the East County Regional Planning Commission, County of Contra Costa, State of California AB/df 2988-RZ.res 0 Findings Map i i I BYER RD it � ml i II F—I A•3 n N d :{IIIa° \im A-2 !I CAMINO DIABLO - i C ' +� p Rezone From�-To�-2 : ': l�y w N Area I, 'EMLL, �1�1��z->>L ,Chairman of the East County Regional Planning Commission,Contra Costa County,State of California, do hereby certify that this is a true and correct copy ofTq(�'s_ Z.gV1n �y=_: :ME CnukrrN•S lG"]4 ZOw1tC, Q indicating thereon the decision of the East County Regional Planning Commission in the matter of ST2-m&AI—M ZG®q Chairman of the East unty Regional Planning Comm ission,State of California . ATTEST: ecretary of the East County Regional Planning Commission,State of California 0 La Sorella Family Trust Stremel Engerprises Kent & Christine Botti P. 0. Box 15 2762 Hutchinson Court P. 0, Box 321 Pebble Beach, CA 93953 Walnut Creek, CA 94598 Byron, CA 94514 Phillip Cannady, Jr. Lawrence & Robe Aldrich Charles & M. Schultz P. 0. Box 641 450 Coletas Way P. 0. Box 295 Byron, CA 94514 Byron, CA 94514 Byron, CA 94514 Phillip McClelland Michael & Deb Nisen Robert & Jeanne Kelly P. 0. Box 486 P. 0. Box 562 36353 Shorehaven Place Byron, CA 94514 Byron, CA 94514 Newark, CA 94560 Lawrence A. Aldrich Levia Stornetta Donald Robert & 0. Rau 1955 Calaveras Circle P. 0. Box 277 P. 0. Box 427 Antioch, CA 94509 Byron, CA 94514 Byron, CA 94514 1. BMj 23 15 28 1 2;7 PS a, - Ac.C M 53 °79 r '--- -- — -- -- — ---- .i .n 8M 25 _ t ti 8MxN o 3 xa L1 `o 34 im in 0 8LANE 43 he1�0�(/ Jd r5q P S �u u o ' 35 +Rernu ,os 9M 33 n C�ertrNe 4u a er an Trail *� ' 2 m ParSIM B Rml J•�... .,.fig+;.r,:.:.c `. w...:r _.. - r•,-� !- � i I � -'- :• �}i.Y*^�K•o��r._}�til '- ';��..j� .. sm IU M•BM79 ° ! .r. y+rJ vC7• `t 'CAM/MU DIABL0 SH S Cb u 8M 3 ` ! i I GasIine i \\ I \` ( CANAL '� M 28 ' A L t57 J r 7-� ase --t---- ----- --- ---------------------- ! Agenda Items V4 Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, OCTOBER 26, 1992 - 7:00 P.M. I. INTRODUCTION STREMEL ENTERPRISES (Applicant & Owner) - The project consists of two related applications: County File #2988-RZ: The applicant requests approval to rezone 26.62 acres of land from Heavy Agricultural District (A-3) to General Agricultural District (A-2). Subdivision #7790: The applicant requests approval of a vesting tentative map to divide 28.62 acres into six (6) lots. Variances are requested for net lot area for all six (6) lots. Five acres required, proposed net acreage ranges from 4.28 to 4.6± acres after deducting all access easements. The subject property for the above reference projects are located at the northwest corner of Camino Diablo (760 foot frontage) and Bixler Road (1 ,300 foot frontage), in the Byron area. (A-3) (ZA: Q-28m) (CT 3040) (Parcel #002-030-005). ll. APPLICATION STATUS This matter was continued from October 12, 1992, mainly because of the extensive agenda on that date. There was also a question of the relationship of the urban limit line and the General Plan use designation. The property is outside the urban limit line but shown in part for Single Family Residential-Very Low Density. The General Plan use designation would take precedence. The main purpose of the urban limit line is to preclude a General Plan Amendment outside the urban limit line. It does not restrict residential use if so designated on the General.Plan. Staff had recommended approval of the project subject to rezoning a portion of the property to Single Family Residential District (R-40), per the General Plan, which also eliminates any variances for lot size. See attached staff report. BT/aa RZXVII/2988-RZA.BT 10/19/92 Agenda Items Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, OCTOBER 12, 1992 - 7:00 P.M. I.- INTRODUCTION STREMEL ENTERPRISES (Applicant & Owner) - The project consists of two related applications: County File #2988-RZ: The applicant requests approval to rezone 26.62 acres of land from Heavy Agricultural District (A-3) to General Agricultural District (A-2). Subdivision #7790: The applicant requests approval of a vesting tentative map to divide 28.62 acres into six (6) lots. Variances are requested for net lot area for all six (6) lots. Five acres required, proposed net acreage ranges from 4.28 to 4.6 t acres after deducting all access easements. The subject property for the above reference projects are located at the northwest corner of Camino Diablo (760 foot frontage) and Bixler Road (1 ,300 foot frontage), in the Byron area. (A-3) (ZA: 0-28m) (CT 3040) (Parcel #002-030-005). II. RECOMMENDATION Staff recommends the south 10± acres of this proposal (area of Lots 5 and 6) be rezoned to Single Family Residential District(R-40) and the remaining north 20 f acres (area of Lots 1 thru 4) be rezoned to General Agriculture'District (A-2). The area of the proposed A-2 zoning to provide for net 5 acre parcel sizes to eliminate parcel size variances. Adopt a motion recommending to the Board of Supervisors that land in 2988-RZ be rezoned from Heavy Agricultural District (A-3) to General Agriculture District (A-2) and Single Family Residential District (R-40). III. GENERAL INFORMATION A. General Plan: The front third of the property is designated Single Family Residential-Very Low Density (0.2 to 0.9 units per acre) and the remainder is designated as agricultural lands. B. Zoning: The site is currently zoned Heavy Agricultural District (A-3). C. CEQA Status: A Negative Declaration was posted for this project on Septem- ber 18, 1992. 2. D. History: Prior applications for this property include: MS 33-90: Applicant received approval for three (3) lots; 9.04 acres each. A - parcel map has not been filed. The tentative map does not expire until June 4, 1993 (unless an extension is granted for the expiration date). Subdivision 7415: Applicant applied for a six (6) lot subdivision; 4.5 t acres each. The application was withdrawn on March 23, 1990 with the subsequent submittal of MS 33-90. Caretaker Mobilehome: Previous owners.had received two use permits in the 1970's. The structure is still on the property but does not.appear to be inhabited. The LUP's have expired. IV. AGENCY COMMENTS A. East Diablo Fire Protection District: Standard requirements are recommended. See attached letter. B. Byron-Bethany Irrigation District: A 25' wide easement has been requested along the westerly and northerly property lines for irrigation delivery ditches and access routes. Specific conditions were requested. See attached letter. C. Environmental Health: Requested sewage connections not septic systems. See attached letter. D. Archaeological Inventory: No study recommended. E. Building Inspection Department: Permits may be required. V. ROAD AND DRAINAGE CONSIDERATIONS Public Works Department Report The applicant has indicated on his Vesting Tentative Map that drainage release to be acquired form La .Sorella Family Trust. He should be aware that Title 9 of the Ordinance-Code requires that drainage releases be obtained from all property owners between the boundaries of the subdivision and the point at which the surface waters will enter a natural watercourse having a definable' bed and bank or an existing adequate public storm drainage facility. Since the proposed lots are less than 10 acres in area the applicant will be required to construct interim. width road improvements offsite to a paved.roadway which the applicant has access along to a public roadway. This requirement is inaddition to the normal requirement for frontage improvements along the frontage of this property. The applicant should be required to construct road improvements along the fronting roads to public road standards. A minimum of a 28-foot road within a 40-foot right of way would need to be provided in order for the roads to be County maintained when connected to an existing County maintained roadway. 3. VI. SITE DESCRIPTION The site is predominately fallow-farm land. -There are four structures in various states of collapse on the northwesterly corner of proposed Parcel #3. The site slopes less than 0.3%. Camino Diablo is paved and approximately 20 feet wide. Bixler Road does not connect to Bixler Road north of the project. There is a gravel roadway that serves as driveway access to properties east of the site. Coleta's Way is a private access roadway on the westerly side of the project. It currently serves three residences. The middle residence is on 5 acres that have been approved for subdivision into 4 lots (MS 7-87). Properties to the north and south of the site are 30 acres or larger, properties to the east average 10 acres, and properties to the west range from 1 to 5 acres with smaller parcels as you get closer to Byron. VII. PROPOSED PROJECT The proposed project would create six (6) new ranchette properties. Each property would have well water and be connected to sewer. No structures or a development plan have been proposed or submitted. Access to building sites Lots 2, 3, 4, 5 and 6 would be by a central cul-de-sac. Access to Lot 1 would be from Coleta's Way. Easement or right of way dedications are required for Camino Diablo, Bixler Road and Coleta's Way. There is no proposed roadway for the northerly boundary. Site drainage is proposed as sheet flow. Public Works is requiring "collect and convey" and the applicant intends to.do so across the land to the north. (A drainage release would be obtained, not a storm drainage system.) Only minor grading is proposed (less than 2' cut maximum), mainly on Lots 1 and 2. IX. DISCUSSION The main issue with this project is lot size. The applicant has proposed the two largest lots (5 acres gross) along Camino Diablo and the smaller lots to the rear. Because of access easements all six lots are smaller than that required by the requested zoning (A- 2 is 5 acre net minimum). The current general plan designates the southerly 400± acres of the property as Single Family Residential-Very Low Density. A-2 zoning is consistent with this designation. Also consistent are R-40, R-65 and R-100. Staff is recommending that the rezoning requested by the applicant be modified so that no variances for lot size are required. Staff proposes that Lots.1 and 2 be zoned R-40 and Lots 3, 4, 5, and 6 be zoned A-2. Lots 3, 4, 5, and 6 would be enlarged to 5 acres net and Lots 1 and 3 would be reduced to 3± acres net each. Although the R-40 zoning would be an "island" between A-2 and A-3 zoning, it is consistent with the general plan designation and there has been a parcel map approved (MS 7-87) that created 1 acre parcels 4. immediately to the west of the subject property (the parcel map has not been recorded as of September, 1992). If the Commission is concerned that Lots 1 and 2 would be further subdividable, then the rezoning could.be made R-100. That zoning would still conform.to the general plan designation and the lots would be conforming but not subdividable. The project site is not used for agricultural production at this time, the soils re not considered prime soil (Bc) and there is a high water table. The land appears to be more suitable for the agricultural uses of a "ranchette" than to remain as heavy agricultural land. The proposed cul-de-sac will have to be widened to meet the Fire District requirement of a 20 foot wide all-weather surface. Camino Diablo is not proposed to extend east of its current terminus on the County road plan but Bixler Road would ultimately extend north to the Bixler Road that connects to Highway 4. X. CONCLUSION Rezoning of the property to Agriculture (A-2) and Residential (R-40) would be appropriate as indicated in Item IX above. This is consistent with the General Plan and would eliminate any variances to lot size. ME/BT/aa RZXVII/2988-RZ.ME 9/30/92 0 0 CONDITIONS OF APPROVAL FOR SUBDIVISION 7790 1. This approval is based upon the vesting tentative map submitted with the application dated received by the Community Development Department July 25,.1992,.as revised -- September 2, 1992,subject to the conditions listed below. 2. This approval is subject to obtaining rezoning of the property under concurrent application County File #2988-RZ. 3. Parcels 3, 4, 5, and 6 shall be increased in size to 5 acres net minimum. Parcels 1 and 2 shall share the remaining acreage of approximately 3 acres each. No variances are approved for parcel size. 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 Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 5. The applicant shall show proof that water and sewage service is available prior to recording the Parcel Map. 6. 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 part of the agricultural way of life in the open space areas of Contra Costa County and you should be fully aware of this at the time of purchase." 7. Prior to filing the Final 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 and included in the Contra Costa County General Plan adopted January, 1.991 . 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 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 2. 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 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. C. In addition to the above, a hydro-geological evaluation may be required in known or suspected water short areas. This will include seasonal as well. as yearly variations. 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 Map. E. With the issuance of building permits, adequate fencing of an inconspicuous design shall be required to contain domestic animals with all gates to be closeable by a nearby rancher/farmer when necessary. 8. At least 60 days prior to recording a Final Map, issuance of a Building Inspection Department permit, or installation of improvements or utilities, submit a preliminary geology, soil, and foundation report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the Zoning Administrator. Improvement, grading, and building plans shall carry out the recommendations of the approved report. A. The report required above shall include evaluation. of the potential for liquefaction, seismic settlement B. Record a statement to run with deeds to the property acknowledging the approved report by title, author (firm), and date, calling attention to approved recommendations, and noting that the report is available from the seller. 9. Should the site still be located in Flood Zone A at the time of issuance of building permits, the applicant shall verify that finished floor elevations ar above the "100 year" flood elevation. 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: 3. 1) Constructing a paved turnaround at the end of the proposed private road as shown on the Vesting Tentative Map. 2) 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. The nearest drainage facility is Kellogg Creek located near State Highway 4. Its adequacy must be verified prior to being allowed to discharge run-off-to it. If the drainage requirements of the Ordinance Code are to be satisfied by obtaining drainage releases from all property owners between the boundaries of the Subdivision and the point at which the surface waters will enter a natural watercourse having definable bed and banks or to an existing adequate public storm drainage facility. The drainage releases must cover all of the area where the design storm is anticipated to spread. 3) 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. 4) Verifying that all finished floor elevations are above the 100-year flood elevation. 5) The Ordinance prohibits the discharging of concentrated storm waters into roadside ditches. 6) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 7) 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 Public Works Department, Engineering Services Division. 8) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 4. B. Construct road improvements along the frontage of Bixler Road. An exception to this requirement is granted provided a deferred improvement agreement is executed requiring the owner(s) of the property involved in Subdivision 77.90 to construct necessary longitudinal and transverse drainage, and interim pavement widening along the frontage to provide a 20-foot half width road to County public road standards. The pavement shall be located from the ultimate road centerline to a line 20-feet to the west. C. Construct road improvements along the. frontage of Camino Diablo. An exception to this requirement is granted provided that the applicant provides a 20-foot paved access to County private road standards to a County maintained roadway, at this time, and executes a deferred improvement agreement requiring the owner(s) of the property involved in Subdivision 7790 to construct necessary longitudinal and transverse drainage, and interim pavement widening along the frontage to provide a 20-foot half width road to County public road standards. The onsite portion of the pavement shall be located from the ultimate road centerline to a line 20-feet to the north. D. Convey to the County, by Offer of Dedication, 30-feet of additional right of way on Camino Diablo as required for the planned future width of 100-feet, including a 30-foot right of way return at Bixler Road. E. Convey to the County, by Offer of Dedication, 12-feet of additional right of way on Bixler Road as required for the planned future width of 84-feet. F. Convey to the county, by Offer of Dedication, 30-feet of right of way for the planned future roads along the northerly and westerly property lines of this property. G. Construct at least a 20-foot paved road 2-foot rock shoulders from the County maintained portion of Camino Diablo or State Highway 4, to at least private road standards, to serve each lot in this Subdivision. The access to Lot 2 may be constructed to County driveway standards for the portion of the road which only serves that Lot. H. Relinquish abutter's rights of access along Camino Diablo except for the two proposed access points. I. Relinquish abutter's rights of access along Bixler Road, including curb returns, with the exceptions of the access along the northerly property line of this property. J. Construct a 16-foot paved private roadway with 2-foot rock shoulders to County private road standards, within a 30-foot easement, to serve all parcels in this proposed subdivision. 5. K. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from thG publicly maintained portion of Camino Diablo. L. 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. ADVISORY NOTES A. This is a vesting tentative maps. Vested rights shall be those in effect at the time of tentative map approval. B. The applicant/owner should be aware of the renewing requirements prior to recording the Parcel Map or requesting building or grading permits. C. Applicant shall comply with the Park Dedication Fee Ordinance. D. Comply with the requirements of the Byron Sanitary District. E. Comply with the requirements of the East Diablo Fire Protection District (see attached). F. Comply with the requirements of the Health Services Department, Environmental Health Division. G. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. H. 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. I. 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. J. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit, East County Area as adopted by the Board of Supervisors. 6. K. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. L. The Byron-Bethany Irrigation District requires a 25-foot easement with secondary easement for its service pipeline along the western and northern boundary of the parcels being subdivided. The subdivider's engineer should contact our District's . Manager to provide the description for the easement. Upon receipt of the metes and bounds description, the District will draw up the easement for execution. This easement would be of benefit to both the landowners and the District to have specific metes and bounds as a matter of record. . A. The developer, his heirs, successors in interest, or assigns shall apply for and receive an encroachment permit from District prior to constructing and installing any roadway or other means of ingress or egress which encroaches upon any. District facility including but not limited to prescriptive easements. The developer, his heirs, successors in interest, or assigns shall reinforce District pipeline and/or Tile Drain line .to District specifications when constructing or installing any roadway or other means of ingress or egress which crosses over or covers any District pipeline and/or Tile Drain line. Private easements are required from District's pipeline across intervening parcels or lots to any parcels or lots not contiguous to the District's service pipeline in order to provide access to irrigation water. B. The following note is to be put on and be made a part of the parcel map before recordation: "NOTE: Byron-Bethany Irrigation District (District) hereby notifies all persons and entities acquiring interest in the property subdivided on' this map that agricultural water service may or may not be made available to the lots being subdivided; that water service by District is subject to proper application being made, the rules and regulations of District, and such conditions as may .be established by the Board of Directors of District from time to time; that all service facilities, laterals, and access for service approved by District, is at low owner's sole costs and expense." 7. C. The District requires a Short Form Common Use Agreement with the County to be recorded with the final map. This Agreement will be provided by the District after the recording of the new easement. A copy will be sent to you at that time. ME/BT/aa RZXVII/SUB 7790.ME 10/7/92 f .EAST DIABLO FIRE PROTECTION DISTRICT" 745 First Street - Brentwood, California 94513 r '' Business Phone(510)634-3400 August 18, 1992 Contra Costa County Community Development Department 651 Pine Street, North Wing - 4th Floor Martinez, CA 94553-0095 ATTIC• Mike Enright SUBJECT.- Subdivision 7790 Camino Diablo Road @ Bixler Road Byron, CA Dear Mr. Enright: We have reviewed the Use Permit application, dated July 22, 1992, for the subject project. Tyle application is to allow the construction of six single family homes. This project is subject to fire and life safety requirements of the Uniform Fire Code, as adopted by Contra Costa County Ordinance 89-69, and the applicable provisions of the California State Fire Marshal's regulations. If this project is approved, we request that the following Uniform Fire Code and State Fire Marshal requirements be included as Conditions of Approval: STANDARD COAs—M- ONS: 1. The developer shall provide an adequate and reliable water supply for fire protection with a minimum fire,flow of 1,000 GPM. Required fire flow shall be delivered from not more than one(1) hydrants flowing simultaneously while maintaining 20 pounds residual pressure in the main. [10.301(c) UFC] 2. Tyle developer shall provide fire.hydrants of the East Bay type, as specified by the Fire District (and City Engineering Department). Location of hydrants will be determined by the Fire District upon submittal of two (2) copies of a final site plan.[10.301(c) UFC] 3. Fire hydrants shall be installed, in service and capable of delivering the required fire flow prior to issuance of building permits for combustible construction. Water supply shall be provided via public water mains approved and accepted by the City Engineering Department. [10.301(c) & (e) UFC] �'..-% Stremel Enterprises S211500PD00 August 18, 1992 Page 2 4. The developer shall provide access roadways with all-weather driving surfaces of not less than 20 feet of unobstructed width, and not less than 13'-6' of vertical clearance, to within 150 feet of all portions of the exterior walls of every building. Access roads shall not exceed 16% grade, and shall have a minimum outside turning radius of 45 feet, and must be engineered to support the impose loads of fire apparatus (30 tons maximum). [10.207 UFC] S. Dead-end fire department access roads in excess of 150 feet long shall be provided with approved provisions for the turning around of fire department apparatus. [10.207(h) UFC] 6. Access roads meeting the following requirements shall be provided prior to beginning ge combustible construction: a. Access roads shall be those roads which are shown on improvement plans approved by the County Public Works Department. b. Surface shall be roadbase capable of supporting fire apparatus (20 tons). c. Curb.and gutter shall be installed. d. Roads shallftoig the structure they provide access to. e. The roads shall be directly accessible from an approved public street. 6. The developer shall provide illuminated addressing located on all buildings in such a manner as to be plainly visible and legible from the street or road fronting the property. [1 a208 UFC] 7. The developer shall maintain all unimproved lots in accordance with the minimum weed abatement requirements of the Fire District. 188.104 UFCJ. .8. The developer shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the East Diablo Fire Protection District. [1.103 UFC] 9. The developer shall submit two (2) sets of Improvement Plans to the Fire District for review and comment prior to construction. 12.206 UFC] 10. The developer shall be required to contribute Fire Facility Fees to mitigate operational costs associated with increased service demands throughout the Fire District. Fire Facility Fees are currently set at the rate of$450 per individual residential dwelling unit. The developer shall pay all required Fire Facility Fees prior to the issuance of any building permit. Stremel Enterprises S211500PD00 August 18, 1992 Page 3 These conditions are intended to ensure that the project will be in general,compliance with applicable. fire codes and regulations enforced by the East Diablo Fire Protection District. Review of subsequent plan submittals, required above, may result in additional requirements. Projects beginning construction more than one (1)year from approval may be subject to additional requirements. It is requested that a copy of the Conditions of Approval for this project be forwarded to our office when complied and adopted by your agency. If you have any..questions regarding this review, please contact the undersigned at (510) 757-1303 Ext. 23 between the hours of 8:00 - 9.00 a.m. and 4.00- 5:00 p.m. (Monday through Friday). Sincerely, PAUL HEIN Fire Chief By N P. McCARTAT Fire Inspector PH.•KPM.•dw pc: Stremel Enterprises/John Stremel S211500PD00 BYRON.JL HANY IRRIGATION I R ICT 3944 MAIN STREET • P.O.BOX 273 • BYRON,CAUFORNIA 94514 OFFICERS PHONE(510)634-3534 FAX(510)516-1239 JOHN J.CARVALHO CHARLES M.UZNAY-PRESIDENT DIRECTOR DIVISION NO.1 BETTY COMPILLI GERALD E.TENNANT. SECRETARY/COLLECTOR/TREASURER (SON F DIRECTOR DIVISION.NO.2 LORETTA BORGES-ASSESSOR Vim' G RUTH SANTOS FRED K.SPECHT-MANAGER y DIRECTOR DIVISION NO.3 MINASIAN,MINASIAN,MINASIAN t v CHARLES M.UZNAY SPRUANCE,BASER,MEITH&SOARES — DIRECTOR DIVISION NO.4 ATTORNEYS "goals CHARLESSPATAFOREJR. CHZM HILL-ENGINEERS '�R AGES DIRECTOR DIVISION NO.5 REGULAR MEETINGS HELD ON SECOND TUESDAY OF EACH MONTH AT 1:30 P.M. August 13, 1992 Community Development Dept. County Administration Bldg. FAXED 8/13/92 651 Pine- Street 4th Floor, North Wing Martinez, California 94553-0095 ATTN: Mike Enright RE: County File #2988-RZ/TR 7790-Stremel Dear Mr. Enright, Byron-Bethany Irrigation District would require an 25' easement to traverse . along the western side and the northern side of the proposed subdivision. This.. would' allow BBID 'to have access routes needed for water delivery. and. repair of pipeline on delivery ditches. The District requests that the following conditions be attached to County File No 29887RZ/TR 7790: 1 ) The District requires a 25-foot easement with secondary easement for its service pipeline along the western and northern boundary of the parcels being subdivided. The subdivider' s engineer should contact our District's Manager, Fred Specht to discuss Districts ' easement requirements in order to provide the description for the easement. Upon receipt of the metes and bounds description, the District will draw up the easement for .execution. This easement would be of benefit to both the landowners and the District to have specific metes and bounds as a matter of record. 2 ) Developer, his heirs, successors in interest, or assigns shall apply for and receive an encroachment permit from District prior to constructing and installing any roadway or other means of ingress or egress which encroaches upon any. District facility including but not limited to prescriptive easements . Developer, hisheirs, successors. in interest, or assigns shall reinforce District pipeline and/or Tile Drain line to District specifications when constructing. or installing any roadway or other means of ingress and egress which crosses over or covers any District pipeline and/or Tile Drain line. Community Devp. Dept. Mike Enright August 13, 1992 Page two 3) Private easements are required from District's pipeline across intervening parcels or lots to any parcels or lots not contiguous to the District's service pipeline in order to provide access to irrigation water. 4) :The following note is to be put on and be made a part of the parcel map before recordation: "NOTE: Byron-Bethany Irrigation District (District) hereby notifies all persons and entities acquiring interest in the property subdivided on this map that agricultural water service may or may not be made available to the lots being subdivided; that water service by District is subject to proper application being made, the rules and regulations of District, and such conditions as may be established by the Board of Directors of District from time to time; that all service facilities, laterals, and access for service approved by District, is at lot owner's sole costs and expense. " 5) The District requires a Short Form Common Use Agreement with the County to be recorded with the final map. This Agreement will be provided by the District after the recording of the new easement. A copy will be sent to you at that time. Please send this District a copy of the County' s "Conditions of Approval" for this subdivision. If you have any questions or comments, please feel free to call this-office. Very truly yours, Fred Specht Manager cc: Stremel Enterprises California Environ ental Quality Act . NOTICE OF Completion of Environmental Impact Report Negative Declaration of Environmental Significance CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET NORTH WING-4TH FLOOR MARTINEZ,CALIFORNIA 94553.0095 2091 Michael Enright Telephone: (415) 646- Contact Person Project Description and Location: STREMEL ENTERPRISES, INC. (Applicant & Owner), County File #2988-RZ: The applicant requests approval to rezone 28.62 acres of land from Heavy Agricultural District (A-3) to General Agricultural District (A-2). SUBDIVISION 7790 (Applicant & Owner: Stremel Enterprises, Inc.) The applicant requests approval of a vesting - tentative map to subdivide the 28.62 acre site. into 6. agricultural/residential lots. Subject property for the above referenced projects is located at the northwest corner of Camino Diablo (960 foot frontage) and Bixler Road (1,300 foot frontage), in the Byron area. (A-3) (ZA: 028m) (CT 3040) (Parcel #002-030-.005) THIS IS A NOTICE OF.STAFFS DETERMINATION OF THE ENVIRONMENTAL I.MPACT OF THE ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE WHERE-YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT-IF YOU WISH. Based on the foregoing review, the project will not result in any potentially significant environmental impacts. Rezoning will make zoning consistent with General Plan Designation. 3 lot subdivis ion,unfilled, already approved for site. The Environmental Impact'Report or Justification for Negative Declaration is available for review at the address below: Contra Costa County Community Development Department 4th Floor, North Wing, Administration Building 651 Pine Street Martinez, California Review Period for Environmental Impact Re gative Declaration: thru By v AP 9 R 12/89 'tComuFnitv:DeveC1oDment Dpnartmpnt RPnrPzPntnt;,,-