HomeMy WebLinkAboutMINUTES - 10051993 - H.5 H.5
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 5, 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop , McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Hearing On Appeal by Robert J. Costa Relative To Request by
Robert J. Costa and Marilyn Kittrell For Approval of Minor Subdivision 24-
92, in The Morgan Territory Area.
On September 28, 1993, the Board of Supervisors continued to this date the
hearing on the appeal by Robert J. Costa (appellant) from the decision of the Contra
Costa County Planning Commission on the request by Robert J. Costa and Associates
(applicant) and Marilyn Kittrell (owner) for approval of a tentative map to subdivide a
20.03 acre parcel into two lots. A variance is requested for one parcel to be 247 feet in
average width (250 feet required) (MS 24-92) in the Morgan Territory area.
IT IS BY THE BOARD ORDERED that the hearing on the above matter is
CONTINUED to October 19, 1993 at 2:15 p.m. in the Board chambers.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Boa rdof Su ervisors on the date shown.
Attested: 1193
Phil Batche or,Clerk of the Aoard
of Sup visorsd County d mistrator
By:
Deputy Clerk
Cc: Community Development
County Counsel
Public Works
Robert J. Costa
Marilyn Kittrell
CP
A P P E A L - Minor Subdivision 24-92
ROBERT J. COSTA & ASSOCIATES (Applicant)
MARILYN KITTRELL (Owner)
The applicant requests approval of a -tentative map to
subdivide a- 20.03 acre parcel into two (2) lots. A
variance is requested for' one parcel to be 247-ft. , in
average width . (250-ft. , required) .
Subject property fronts 400-ft. , on the south side of
Morgan Territory Road approximately one-third of one
mile east of Curry Canyon Road,
Morgan Territory Area.
Board of Supervisors
Contra Costa County
10 August 1993 - 2:15 P.M. - -
= ••.oma,
Contra
TO: BOARD OF SUPERVISORS - jt, — Costa
o:
FROM: HARVEY E. BRAGDON Courly
DIRECTOR OF COMMUNITY DEVELOPMENT ','
DATE: June 29, 1993 osT� �oSxtt ��
SUBJECT: Appeal by Robert J. Costa of the County Planning Commission's Decision
of Conditidn of Approval #3-B of Minor Subdivision 24-92, Robert J.
Costa (Applicant) - Marilyn Kittrel (Owner), in the Morgan Territory
Area
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Uphold the County Planning Commission's decision and deny the
appeal of Robert J. Costa.
2. Accept the environmental review documentation as complete and
adequate.
3. Approve the tentative map for Minor Subdivision 24-92 as
recommended by the County Planning Commission on June 8, 1993.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Planninct Commission Review
The applicant is proposing to divide the 20 acre subject parcel
into one 15 acre parcel and one 5 acre parcel. The proposed 5 acre
parcel as originally configured (average 247 foot width) is at
variance to the 250 foot minimum parcel width of 250 feet.
On June 8, 1993 this application was presented' to -the County
Planning Commission with staff recommendations for approval of the
minor subdivision and denial of the variance to lot width on the
smaller parcel. The County Planning Commission after taking
testimony unanimously voted to approve this application as per
staff recommendation, with added and revised condi ions
CONTINUED ON ATTACHMENT: X YES SIGNATURE
��/� I
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
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:Delmar Tompkins - 646-2024
Orig: Community Development Department ATTESTED
cc: Robert J. Costa PHIL BATCHELOR, CLERK OF
Marilyn Kittrel THE BOARD OF SUPERVISORS
Public Works - Mitch Avalon AND COUNTY ADMINISTRATOR
BY , DEPUTY
2.
Appeal by Applicant
The applicant appeals Condition of approval 13-B which requires the
granting of a scenic easement affecting the higher elevations of
this hillside property. The applicant states that the easement as
described involves approximately 13 acres of the 20 acre subject
parcel, removes this land from consideration of future development,
restricts the use of the parcel(s) without compensation, and does
not follow property lines.
Discussion
The dedication of the scenic easement is in response to goals,
policies, and implementation measures identified in the
Transportation, Open Space, and Conservation Elements of the
General Plan. Morgan Territory Road is identified as a Scenic
Route and the major ridges of the Mt. Diablo foothills on the
southwest side of Morgan Territory Road in this area are determined
to be Scenic Ridges. The parcel is in agricultural land adjacent
to one of the largest ranches in Contra Costa County and is within
the scenic corridor of Morgan Territory Road. The heavy vegetation
of the upper portion of the subject parcel is an important wildlife
area because it is adjacent to the whole Mt. Diablo/Morgan
Territory Preserve Complex. The areas of the subject parcel not
alongside Morgan Territory Road are greater than 26% in slope.
The designation of a scenic easement at roughly the 880 foot
contour is based on vegetation, slope, wildlife cover, and utility
service on the subject parcel. The transition of grasslands to oak
woodland, the transition from gentle slopes to slopes nearing 30%,
and the presence of a ravine across the property occur near this
elevation. Contra Costa Water District has set the maximum
elevation for water service in this area at 880 feet. No
residential development could occur above this elevation until
substantial improvements are made to the existing water system.
The Subdivision Map Act. requires, as a finding for approval, that
the proposed subdivision is consistent with the General Plan. The
Planning Commission granted the applicant's request for subdivision
of the subject parcel into two parcels. The approved site plan map
identified an additional home site on the new parcel adjacent to
Morgan Territory Road. Additional uses allowed in the A-2 zoning
district that do not require grading, earth moving, or erection of
structures remain allowable uses of these parcels. condition of
Approval #3-B, requiring the dedication of the scenic easement,
brings the project into compliance with the General Plan.
Granting a scenic easement at this time does not forfeit the
applicant's right to apply for further subdivision at a later date
following a change in General Plan policies regarding development
on slopes, along scenic corridors, and on scenic ridgelines.
Modifications to the restrictions of the scenic easement would be
based on the merit of future proposals.
The applicant's objections to the scenic easement requirement are
similar to those made by the applicant at the Planning Commission
hearing.
DT/aa
BDVZZ/24-92.DT
6/29/93 -
NOTIFICATION LIST - Appeal - MS 24-92 - Robert .J. Costa & Assoc. (A) - Marilyn Kitrell (Owner)
Robert J. Costa & Associates Albert J. & Bouwina Reyenga, Tr.
172 Paso Nogal 3100 Cowell Road
Pleasant Hill , Calif. 94523 Concord, California 94518
Marilyn Kittrell Richard E. & Gayle Schwartz
4940 Morgan Territory Road 4825 Morgan Territory Road
Clayton, California 94517 Clayton, California 94517
Save Mt. Diablo Tim D. & Florence Leon, Tr.
c/o Seth Adams P. 0. Box 82555
P. 0. Box 44 Lincoln, Nebraska 68501
Martinez, California 94553
Walter E. & Margery Pease
7979 Shay Drive
Oakland, California 94605
Michael & Virginia Gotfried
4895 Morgan Territory Road
Clayton, California 94517
Harvey E. & Ruth Toponce
P. 0. Box 41
Clayton, California 94517
Patrick F. Corr
4950 Morgan Territory Road
Clayton, California 94517
Robert G. & Linda Rodenburg
4885 Morgan Territory Road
Clayton, California 94517
E. S. Bertagnolli
P. 0. Box 3
Clayton, California 94517
BEFORE THE PLANNING COMMISSION
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL - Minor Subdivision MS #24-92
Robert J. Costa & Associates (A)
Marilyn Kittrell (Owner) , Morgan Resolution No. 30-1993
Territory, Area. (S.D. III) j
WHEREAS, on December 18, 1992, ROBERT J. COSTA & ASSOCIATES (Appli-
cant) , MARILYN KITTRELL (Owner) , filed an application, MS 24-92,
with the Community Development Department, requesting approval to
subdivide a 20.03 acre parcel into two (2) lots with a variance to
average lot width on one lot; and
WHEREAS, the subject property is a 20.03 acre parcel addressed 4940
Morgan Territory Road, approximately one-third of one mile east of
Curry Canyon Road, in the Morgan Territory area; and
WHEREAS, a Negative Declaration of Environmental Significance was
posted for the project on March 9, 1993; and
WHEREAS, after notice thereof having been lawfully given, a public
hearing was scheduled before the County Planning Commission on June
8, 1993, whereat all persons interested therein might appear and be
heard; and
WHEREAS, the County Planning Commission having fully reviewed,
considered and evaluated all the testimony and evidence submitted
in this matter; and
NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission
APPROVED the subject application for two (2) lots with revised con-
ditions (copy of conditions attached hereto and made a part hereof;
and
BE IT FURTHER RESOLVED that the reasons for the Commission's
recommendation are as follows:
1. Approval of the proposed map and the design and improvement of
the subdivision, as conditioned, is consistent with the
policies of the Contra Costa County General Plan adopted
January 1991.
The following provisions are included for the purpose of
bringing the subdivision into compliance with General Plan
policies regarding scenic routes, scenic ridges and slopes in
excess of 26%.
a. Condition of Approval #3-B requires the granting of a
scenic easement above the 880-ft. , contour.
b. Condition of Approval #4 requires design review of any
building construction on suitable area of either result-
Resolution No. 30-1993
ant parcel.
2. The lower portions of the proposed parcels adjacent to Morgan
Territory Road are physically suitable for the type of
development proposed.
3. The site is suitable for the proposed density of development.
4. The proposed subdivision and development, together with the
attached Conditions of Approval, is unlikely to cause substan-
tial environmental damage, pose an increased threat to
wildlife or cause serious public health problems.
BE IT FURTHER RESOLVED that the foregoing order was given by motion
of the County Planning Commission at a regular meeting on Tuesday,
June 8, 1993, by the following vote:
AYES: Commissioners - Terrell, Accornero, Sakai, Woo,
Gaddis, Clark, Frakes.
NOES: Commissioners - None.
ABSENT: Commissioners - None.
ABSTAIN: Commissioners - None.
BE IT FURTHER RESOLVED that the decision of the County Planning
Commission was appealed by the applicant to the Board of
Supervisors on June 17, 1993, for public hearing and determination.
Helene T. Frakes
Chair of the Planning Commission
Contra Costa County - State of
California.
ATTAosta
Seclanning Commission,
Conu ty, State of California.
CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 24-92 AS APPROVED BY THE
COUNTY PLANNING COMMISSION ON JUNE 8, 1993
1. The request to subdivide the 20.2 acre parcel is approved for 2 parcels subject to the
Tentative Map dated received by the Community Development Department on
December 18, 1992. The following conditions of approval require compliance prior to
the filing of the Parcel Map unless otherwise indicated.
2. The request for variance approval for Parcel B to the minimum average parcel width
requirement is denied.
3. At least 30 days prior to filing a parcel map, the applicant shall submit two (2) copies
of a revised site plan for the review and approval of the Zoning Administrator providing
for the following:
A. The subdivision line creating the two parcels shall be adjusted to provide an
average lot width of 250 feet to lot B. The revised site shall demonstrate
compliance with this standard and other parcel dimension standards of the A-2
district.
B. A scenic easement shall be recorded on the Parcel Map and granted to the
County per attached staff study dated April 28, 1993.
.................................
The erection of structures1tI' S, including but not limited to buildings, obscure
fences, swimming pools, tennis courts, and sports courts, p,y::.gra. nO;:or;;gart
itQri are prohibited in scenic easement areas. A proposed scenic easement
9...
instrument (grant deed) shall be submitted with the site plan.
4. At least 60 days prior to issuance of a building permit on Parcels A or B, development
plans for new residences or additions to existing residences shall be submitted for
review and approval of the Zoning Administrator. The purpose of the review shall be
to assure that development will not detract from existing scenic qualities for travelers
along Morgan Territory Road. The submittal shall consist of the proposed site plan,
building and fencing elevations, floor plan and landscape/irrigation plan. A perspective
drawing of the proposed development (including landscaping) as seen from Morgan
Territory Road is encouraged.
5. Prior to filing a final map, the applicant shall submit a copy of a letter that shall be
used to notify prospective buyers of the development plan review requirement.
6. Prior to the issuance of a building or grading permit on Parcels A or B, a preliminary soil
investigation report prepared by a licensed soil engineer will be required. The soil
investigation report shall address the ability of the site to support the improvements
anticipated, and shall include recommended foundation designs to achieve maximum
stability of the proposed structures.
2
7. Prior to filing the Parcel Map, plans shall be submitted for review by the Community
Development Department, Graphics Section, to obtain addresses and for street name
approval (public and private). Alternate street names should be submitted in the event
of duplication and to avoid similarity with existing street names. The approved street
names shall be shown with filing of the Parcel Map.
8. The owner of the property shall participate in the provision of funding to maintain and
augment police services by voting to approve a special tax for the parcels created by
this subdivision action. The tax shall be $200 per parcel annually (with appropriate
future Consumer Price Index (CPI) adjustment). The election to provide for the tax
must be completed prior to the filing of the Parcel Map. The property owner shall be
responsible for paying the cost of holding the election. The fee for election costs will
be due at the time that the election is requested by the owner.
9. The applicant shall show proof that water service from Contra Costa Water District is
available prior to recording the Parcel Map.
10. 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."
11. 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 and included in the Contra Costa County General Plan
adopted January, 1991 .
A. 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.
B. 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. Fencing shall be installed prior to issuance of building
permits.
3
12. Pursuant to Government Code Section 66474.9,the applicant (including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa
County Planning Agency and its agents, officers, and employees from any claim,
action, or proceeding against the Agency (the County) or its agents, officers, or
employees to attack, set aside, void, or annul, the Agency's approval concerning this
subdivision map application, which action is brought within the time period provided
for in Section 66499.37. The County will promptly notify the subdivider of any such
claim, action, or proceeding and cooperate fully in the defense.
13. 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 Morgan Territory
Road.
Constructing necessary longitudinal and transverse drainage, and
necessary pavement widening along the frontage will satisfy this
requirement. The edge of pavement shall be 17 feet from the ultimate
centerline of the road.
A on_za t s:requ�retnent�s granted prQviof....g....:a r)�f�rred improve-
....
err ... . reS +er8td requrr� hwner .. f.: >Me::;< r4f3�.rfy
9.... .
rnvolwed i ( arSubdIut$fon;(I1 ;2 - 2:tc c:oi+st ctfh :s b'e�c(( r v..
.. .....::. ... .. ..
. .......
pr .ris:
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 public storm drainage facility which conveys the
storm waters to a natural watercourse.
As these parcels are large and agricultural in nature (five acres or more
in area), 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 onto adjacent property.
3) Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for all improve-
ments required by the Ordinance Code or the conditions of approval for
this subdivision.
4
4) 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
Morgan Territory Road as required for the planned future width of 84 feet.
C. Provide for adequate sight distance at the access intersections with Morgan
Territory Road for a design speed of 45 miles per hour in accordance with
Caltrans standards.
D. Relinquish abutter's rights of access along Morgan Territory Road with the
exception of one approved driveway per lot.
E. Install safety related improvements on Morgan Territory Road (including traffic
signs and channelization) as approved by the Public Works Department.
C Fistabl*sh ..+.....,nee B .tet to *ASUFe in d nte ftOF ..r......nee of
the ffivate Fead.
ADVISORY NOTES
A. Comply with the requirements of the East Diablo 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. Building permits
are required prior to the construction of most structures. See attached.
D. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by
the Board of Supervisors.
E. The applicant is advised that the tax for the police services district is currently set by
the Board of Supervisors at $200 per parcel annually (with appropriate future
Consumer Price Index [CPI] adjustments). The annual fee is subject to modification by
the Board of Supervisors in the future. The current fee for holding the election is $800
and is also subject to modification in the future. The applicable tax and fee amounts
will be those established by the Board at the time of voting.
F. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 108 as adopted by the Board of Supervisors.
5
G. The applicant shall be required to comply with all rules, regulations, and procedures of
the National Pollutant Discharge Elimination System (NPDES) for municipal, construc-
tion and industrial activities as promulgated by the California State Water Resources
Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay-
Region 11 or Central Valley - Region V)
H. This project is subject to the development fees in effect under County Ordinance as
of December 18, 1992, the date the vesting tentative map application was accepted
as complete by the Community Development Department. These fees are in addition
to any other development fees which may be specified in the conditions of approval.
The fees include but are not limited to the following:
Park Dedication $2000.00 per residence
Child Care $ 400.00 per residence
An estimate of the fee charges for each approved lot may be obtained by contacting
the Building Inspection Department at (510) 646-4992.
DT/aa
MSXXIII/24-92C.DT
5/20/93
6/08/93 - P/C Rev. (v)
i
California Environmental Quality Act
NOTICE OF
Completion of Environmental Impact Report
xxx
Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 Pine Street North Wing - 4th Floor - Martinez, California 94553-0095
Telephone: (510) 646-2024 Contact Person Delmar Tomkins
Project Description and Location:
ROBERT J. COSTA & ASSOCIATES (Applicant) - Marilyn Kittrell (Owner), County File #
MS 24-92: The applicant requests approval of a tentative map to subdivide a 20.03 acre
parcel into two lots. The project involves a variance, the formation of a parcel with 245 foot
average width (250 feet required). Subject property fronts 400 feet on the south side of
Morgan Territory Road approximately one-third of one mile east of Curry Canyon Road in the
Morgan Territory area. (A-2) (ZA: Q-1 9M) (CT 3551 .03) (Parcel # 080-040-034)
THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT 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.
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, CA 94553-1229
Review Period for Environmental Impact Report or Negative Declaration: 3 `I — �] 3
thru 3
- T
AP 9 R 12/89 By `
Com nit�ment Department R&resentative
ROBERT J. COSTA CONSULTING ENGINEER
172 PASO NOGAL,PLEASANT HILL.CALIFORNIA 94523 • (415)682-1683
June 17 , 1993
Job No. 9226
Contra Costa County
Corutlunity Development Department
651 Pine St.2nd floor, north Wing
Martinez, CA 94553
-e: "1S 24-92
Marilyn Kittrell, Owner
This letter is to appeal Condition 3-B as stated in the
conditional approval of the subject project heard by the
Planning Commission on June 8, 1993 .
By imposing a scenic easement as required, the county is
effectively taking 13 + acres from development on a 20 acre
parcel with no compensation or consideration of property
rights.
A scenic easement on this narrow strip serves no purpose
other than restricting the use of the property and follows no
property lines .
The proper location of a scenic easement would be at the
extreme southerly property line.
Si el
i
" Robert J. Coaca
R.C.E.1 :'30
n-
v� -
E.
ragdo
Community Contra Harvey Director of of Commuommu n •
nity Development
Development Costa
Department County
County Administration Building
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095 ,;
Phone:
646-2024 .; f �•..
g: a•�
+-co ii•r
June 18, 1993
Robert J. Costa
172 Paso Nogal
Pleasant Hill, CA 94523
Dear Mr. Costa:
This letter acknowledges receipt of your letter of appeal dated June 17, 1993 for application #MS 24-
92, which was approved by the County Planning Commission on June 8, 1993.
Your appeal will be heard by the Board of Supervisors. You will be notified by the Clerk of the Board
of Supervisors when the appeal has been scheduled for hearing before the Board. You should be
aware that you or your representative should be present at the hearing.
If you have any questions regarding this matter, please call Delmar Tompkins at 646-2024.
Sincerely yours,
-y-f)
Dennis �arry', ICP
Deputy Director
:df
L3:ms24-92.bos
cc: File
Marilyn Kittrell
Leonar&Vecdfit
Public Works
Attn: Mitch Avalon
Agenda Item #4r
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING COMMISSION
TUESDAY, JUNE 8, 1993 - 7:30 P.M.
I. INTRODUCTION
ROBERT J. COSTA & ASSOCIATES (Applicant) - MARILYN KITTRELL(Owner), County
File # MS 24-92: The applicant requests approval of a tentative map to subdivide a
20.03 acre parcel into two lots. A variance is requested for one parcel to be 247' in
average width (250' required) . Subject property fronts 400 feet on the south side of
Morgan Territory Road approximately one-third of one mile east of Curry Canyon Road
in the Morgan Territory area. (A-2) (ZA: O-19M) (CT 3551 .03) (Parcel # 080-040-
034).
II. RECOMMENDATION
Staff recommends that the Zoning Administrator approve the tentative map of
a minor subdivision of a 20.03 acre parcel into two lots subject to the attached
conditions of approval, and denial of the variance request.
III. GENERAL INFORMATION
A. General Plan Land Use Designation: The subject property is designated
Agricultural Lands in the County General Plan adopted in January, 1991 . This
project request for a subdivision with minimum 5 acre parcels on this site is
consistent with that General Plan designation. Morgan Territory Road is
designated a scenic route in the Circulation Element of the General Plan. Much
of the site lies within the "scenic corridor" for Morgan Territory Road.
B. Zoning: The subject property is located in a general agricultural district A-2.
This project is in conformance with the regulations of that district.
C. CEOA Status: A Negative Declaration of Environmental Significance was
posted on March 9,1993.
D. Other Regulatory Concerns: This project is subject to the requirements of the
"Ranchette Policy" as outlined in the "Agricultural Resources" section of the
Conservation Element of the Contra Costa County General Plan.
E. Prior Applications: County File MS 44-82, a request for approval of a tentative
map of a four parcel minor subdivision, was withdrawn at the request of the
applicant.
IV. SITE DESCRIPTION
The subject property fronts 400 feet on the south side of Morgan Territory Road
approximately one-third of one mile east of Curry Canyon Road in the Morgan Territory
area. The existing rectangular parcel slopes upward to the south and west, rising
nearly 400 feet in elevation as it goes back 2000 feet from Morgan Territory Road.
A ridgeline exists at the rear of the parcel and most runoff is toward adjacent parcels.
More than half of the site is dense oak woodland, with much of the front of the parcel
being grassland. Much of the back half of the site rises at nearly 30% slope. A small
group of three homes exists east of the project site; the proposed additional home site
would be between the existing home on the parcel and this cluster of houses to the
east.
V. AREA DESCRIPTION
The surrounding hills are undeveloped, comprised of steep hillsides of grasslands and
Oak woodlands, or in agricultural use. The parcel is on one side of a valley . Marsh
Creek is north of the project site on the opposite side of the valley. There are some
homes and small ranches in the immediate vicinity of Morgan Territory Road. Morgan
Territory Road is described as a scenic route in the County General Plan. Mount Diablo
State Park lands are visible to the south and west. This parcel is on the northeast
edge of the Mount Diablo Ecological Resource area as it is indicated on the General
Plan Map of Ecological Resource areas.
VI. PROPOSED PROJECT
The applicant requests approval of a tentative map for a minor subdivision of a 20-acre
parcel creating two parcels. The proposed map illustrates the creation of a 5-acre
piece by quartering the original parcel and separating off the northeast quarter,
resulting in an additional lot facing Morgan Territory Road. The existing home and the
proposed home site are on gently sloped areas at the foot of the hill and are set back
45-feet from Morgan Territory Road. The existing home has two driveways tone
gravel, one dirt) on the road frontage. The proposed homesite would have a drive on
Morgan Territory Road.
VII. AGENCY COMMENTS
A. Building Inspection Department - Building Department comments are attached.
A reference to compliance is made in the Advisory Notes.
B. Environmental Health - Compliance with Health Department requirements is
mentioned in the Advisory Notes. It should be noted that the site lies within
the service area of the Contra Costa Water District. Domestic water supply is
proposed to be attained by connection to the District water main.
C. Public Works - Engineering - The attached conditions of approval based on the
December, 1992 vesting tentative map include road and drainage requirements.
The applicant should be fully aware of the County Subdivision Ordinance Code
requirements as they pertain to this development.
3
The original conditions of approval included a requirement to combine the
accesses to both parcels into a single private road. However, because of the
location of the existing home and driveway on Parcel A, a combined access
would not be feasible. Two driveways on Morgan Territory Road will be
allowed, with the condition adequate sight distance is provided for both
driveways.
D. Comprehensive Planning - No response.
E. Archaeological Inventory - There is a low possibility of archaeological sites.
Further study for archaeological resources is not recommended.
F. Fish and Game - No response.
G. East Diablo Fire Protection District - Fire District comments are attached. A
reference to compliance is made in the Advisory Notes.
H. Contra Costa Water District - No response.
I. City of Clayton - No comments on this application.
J. County Service Area - No response.
K. Greenbelt Alliance - No response.
L. Save Mt. Diablo - No response.
M. Sierra Club Bay Chapter - No response.
VIII. PUBLIC COMMENTS
No other concerns were expressed by the public.
IX. STAFF ANALYSIS/DISCUSSION
This minor subdivision would allow another homesite in the area of the northern end
of Morgan Territory Road. In this area where the valleys widen out and there is more
nearly flat land, some development is possible without destroying the appearance of
rural, very low density development. This site is located on the edge of one of these
valleys. The proposed home site on Parcel B is on a flat area adjacent to the road and
would not cut into a hill or onto a ridgeline.
The land slopes very steeply back a few hundred feet from the road and is heavily
wooded with oak trees. While a few structures have been placed on the hillsides in
the surrounding area, most development on Morgan Territory Road has been contained
on the lower elevations adjacent to the road or in areas not visible from the road. The
hills in this area remain generally undeveloped. Mount Diablo and surrounding State
Park lands are a prominent feature of the area.
4
The General Plan designation for the parcel is for Agricultural Lands. Morgan Territory
Road is identified as a Scenic Route and the major ridges on the southwest side of
Morgan Territory Road in this area are determined to be Scenic Ridges.
The placement of an additional homesite along Morgan Territory Road at road level on
a five acre parcel is an appropriate development strategy in this area. However, the
physical properties of the site and the importance of this area in the Transportation,
Open Space, and Conservation Elements of the General Plan must be considered when
discussing the remaining development potential of the site.
* Because the property is narrow and steep, development on the upper elevations
of the parcel would be difficult without some access through adjoining parcels.
Working with slopes of 25% to 30%, such development would necessitate
heavy grading and extensive erosion control measures which might impact
areas beyond the boundaries of the subject parcel. The initial project parcel is
2000 feet long up this slope and only 480 feet wide. The creation of large
areas of cleared and impervious surfaces would add considerable runoff to the
overall site.
* Steep and heavily wooded areas of the upper elevations of the parcel provide
cover for wildlife. This is an important consideration in areas bordering a
significant Ecological Resource area.
* The open, undeveloped ridges and hillsides along the whole Morgan Territory
Road corridor are a part of the experience of travel along this scenic road. The
ridgeline at approximately 900 to 950 feet elevation on this property is visible
from just before the parcel when traveling south on Morgan Territory Road.
Any structures existing at this height or higher would be visible from in front
of the parcel or briefly while driving north on Morgan Territory Road before the
parcel.
Contra Costa Water District has set the maximum elevation for water service in this
area at 880 feet. A variance would have to be obtained from the water district before
facilities to provide services beyond this elevation could be established.
The upper portion of this parcel is difficult to develop and has scenic and ecological
value. Staff recommends the dedication of a scenic easement above 880 feet
elevation to protect the scenic quality of the site and remove consideration of
development in a part of the site where development would have significant
environmental impacts.
The proposed north-south lot line separating Parcels A and B can be-altered to avoid
a variance to the parcel width on Parcel B. The proposed project meets the zoning
ordinance requirement for the 5-acre minimum parcel size in A-2 zones. The proposed
lots comply with the minimum lot widths of 250 feet in A-2 Zoning district. Lot A ex-
ceeds the lot width while lot B will meet the minimum lot width of 250 feet with
adjustment of the north-south lot division line.
5
The proposed minor subdivision meets the intent and purpose of the A-2 zoning district
while conforming to development strategies unique to the project area.
X. FINDINGS
Staff finds this project as conditioned to be consistent with the provisions of County
Code Section 94-2.806 which outlines the required findings for approving the tentative
map for a minor subdivision, and with the Contra Costa General Plan adopted January,
1991 .
DT/aa
MSXXIII/24-92.DT
5/20/93
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