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HomeMy WebLinkAboutMINUTES - 10191993 - H.3 H. 3 SE •-'" -�` Contra TO: BOARD OF SUPERVISORS , - _ 4- _ '.. Costa FROM: HARVEY E. BRAGDON o; County DIRECTOR OF COMMUNITY DEVELOPMENT DATE: October 19, 1993 °srg-�---- -cA~ outs SUBJECT: Rezoning Application #2980-RZ, Bellecci & Associates (Applicant) Steve & Jean Scudero (Owners) request approval to rezone a 12 acre parcel in the Knightsen area from Heavy Agricultural District (A-3) to General Agricultural District (A-2) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as adequate and complete. 2 . Approve Rezoning Application #2980-RZ as recommended by the East County Regional Planning Commission. 3 . Adopt the East County Regional Planning Commission's findings as set forth in Resolution #39-1993 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 This item was heard by the East County Regional Planning Commission on September 13, 1993 , at which time the Commission unanimously approved the 2-lot subdivision and recommended approval of the rezoning request. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM TTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON October 19 , 1993 APPROVED AS RECOMMENDED X OTHER this is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing the above application. The hearing was opened and no one appearing to testify, the hearing was closed. IT IS BY THE BOARD ORDERED that the above recommendation are APPROVED; and Ordinance No. 93-76 is INTRODUCED, reading VOTE OF SUPERVISORS waived and October 26 , 1993 is set for adoption of same. I HEREBY CERTIFY THAT THIS IS A x 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:Catherine Kutsiuris 646-2091 ATTESTED October 19 1993 cc: Community Development Department PHIL BATCHELOR, CLERK OF Bellecci & Associates T BOARD OF SUPERVISORS Steve & Jean Scudero COUN ADMINISTRATOR Mitch Avalon-Public Works BYMOM CK/df , DEPUTY BELLECCI & ASSOCIATES (Applicant) STEVE & JEAN SCUDERO (Owners) , County Files #2908-R2 Requests approval to rezone a 12 acre parcel in the Rnightsen area from Heavy Agricultural District (A-3) to General Agricultural District (A-2) . Subject property fronts the east side of Eagle Lane. Rnightsen area. BOARD OF SUPERVISORS CONTRA COSTA COUNTY OCTOBER 19, 1993 - 2:15 P.M. " BOARD OF SUPERVISORS •I �/*, =A Gmtt"d costa Cointy FROM: HARVEY E. BRAGDON _ DIRECTOR OF COMMUNITY DEVELOPMENT - sr9, cJ' DATE: October 19, 1993 cdurt`tf SUBJECT: Rezaniag Application 12980-RZ, Bellecci E Associates (Applicant) - stove i Jean scudero (Owners) request approval to rescue a 12 acre parcel in the Knights'en area from Heavy Agricultural District (A-3) to General Agricultural District (A-2). SPECIFIC REQUEST(S) OR RECOMMENDATIONS) is BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as adequate and complete. 2. Approve Rezoning Application 12980-RZ as recommended by the East County Regional Planning Commission. 3. Adopt the East County Regional Planning Commission's findings as set forth in Resolution 139-1993 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 This item was heard by the East County Regional Planning Commission on September 13, 1993, at which time the Commission unanimously approved the 2-lot subdivision and recommended approval of the rezoning request. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATORRECOMMENDATION OF BOARD COMM TTEE _ 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:Catherine Kutst:ris 646-2091 ATTESTED cc: Community Development Department PHIL BATCHELOR, CLERK OF Bellecci & Associates THE BOARD OF SUPERVISORS Steve & Jean Scudero AND COUNTY ADMINISTRATOR Mitch Avalon-Public Works BY , DEPUTY CK/df ...... ... RESOLUTION NO. 39 - 1993 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 BELLECCI & ASSOCIATES (APPLICANT) AND STEVE & JEAN SCUDERO (OWNER) , (2980-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE KNIGHTSEN AREA OF SAID;,COUNTY ALONG WITH COMPANION FILE MINOR SUBDIVISION 4-92. .- WHEREAS, -92. .WHEREAS, a request by Bellecci & Associates (Applicant) and Steve & Jean Scudero (Owner) (2980-RZ) to rezone land in the Knightsen area from Heavy Agricultural (A-3) to General Agricultural (A-2) was received on March 19, 1992 along . with companion appplication Minor Subdivison 4-92 received on February 2, 1992; and WHEREAS, in connection with applicant's 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, September 13 , 1993; whereat all persons interested might appear and be heard; and WHEREAS, on Monday, September 13, 1993, the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and WHEREAS, on Monday, September 13, 1993, the East County Regional Planning Commission approved Minor Subdivision 4-92; 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 Bellecci & Associates (Applicant) and Steve & Jean Scudero (Owner) (2980-RZ) be approved for change from Heavy Agricultural (A-3) to General Agricultural (A-2) , and that this zoning change be made as indicated on the findings map entitled: Page M-28m of the County's 1978 Zoning Map. Page Two RESOLUTION NO. 39 - 1993 BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: 1. The rezoning is consistent with the County General Plan. BE IT FURTHER RESOLVED that 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, September 13, 1993, by the following vote: AYES: Commissioners - Sobalvarro, Wetzel, Hanson, Planchon, Hern NOES: Commissioners - None ABSENT: Commissioners - Andrieu ABSTAIN: Commissioners - None HERBERT HERN Chair of the East County Regional Planning Commission, County of Contra Costa, State of California ATTEST: Secretary of the East Cou ty Regional Planning Commission, County of Contra Costa, State of California CK/df 2890-RZ.res Findings Map A-3 EAGLE LN �^ A-2 A-2 - J z a A-3 i {p y� � 1 Rezone From A 3 To Area 1, 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 of !l11 24S M t'u�i < �a� u�Jv�Nom_ indicating thereon the decision of the East County Regional Planning Commission in the matter of ""u 24180 -Rz-- ATTEST: �- Secretary of the East County Regio at Planning Commission,State of Califor is 015 .110-009 015-110-006 015-110-008 ROBERT & TERISA GUISE DOUG & DELORES MC LEOD EAST CONTRA COSTA IRR DI4 RT. 1, BOX 167B PO BX 421 626 IST STREET BRENTWOOD, CA 94513 MORAGA, CA 94556 BRENTWOOD, CA 94513 015-110-012 015-110-014 015-110-015 MELVIN & KAREN WILSON CARL & SANDRA DAVIDSON LARRY & SANDRA WILGENBUSF PO BX 838 250 EAGLE LN PO BX 764 BRENTWOOD, CA 94513 BRENTWOOD, CA 94513 BRENTWOOD, CA 94513 015-110-016 015.--110-019 015-110-020 BOBBY, FAYE, JACK & BILLY HODGES GUNDA WILLIAMSON SHAVONNE HARRISON CECIL & FRANCES DRAKE 175 EAGLE LN 230 EAGLE LN 240 EAGLE LN BRENTWOOD, CA 94513 BRENTWOOD, CA 94513 BRENTWOOD, CA 94513 015-110-021 015-110-022 015-110-023 GREG & LEE JOHNSON MARK & PAM SUTLIFF * DAVID & YVONNE COPELAND 3630 LONGVIEW RD PO BX 462 190 EAGLE LANE ANTIOCH, CA 94509 BRENTWOOD, CA 94513 BRENTWOOD, CA 94513 015-110-024 015-110-025 015-110-026 STEVE & JEAN SCUDERO RON & CAROLE STONE PHILIP & BARBARA HANSEN 200 EAGLE LN 205 EAGLE LN RT 1 BX 167H BRENTWOOD, CA 94513 - • BRENTWOOD, CA 94513- BRENTWOOD, CA 94513 015-110-027 015-110-028 015-120-003 029,030 004,005,006 JOHN & CAROL STEGER DON & GEORGIA DAVIS JOHN & CAROL BLOOMFIELD 235 EAGLE LN 260 KING DR 4995 DISCOVERY PT BRENTWOOD, CA 94513 WALNUT CREEK, CA 94595 BYRON, CA 94514 015-120-002 GM MCDONALD 744 COLUSA AVE EL CERRITO, CA 94530 Bellecci & Associates 2290 Diamond Blvd. #100 Concord, CA 94520 Steven & Jean Scudero 200 Eagle Lane Brentwood, CA 94513 CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 4-92 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON SEPTEMBER 13. 1993 I. The iequest to subdivide the approximately 12 acres parcel is approved for 2 lots parcels subject to the Tentative Map dated received by the Community Development Department on August 6, 1993 and as modified by the staff study in the file dated August 10, 1993. The following conditions of approval require compliance prior to the filing of the Parcel Map unless. otherwise indicated. 2. The zoning variance is approved as requested; it meets the requirements of Section 26- 2.2006 of the County Ordinance Code. 5 acres required by Zoning Ordinance. 4.4 acres approved for Parcel B. 3. 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. 4. Prior to filing the Parcel Map, plans shall be submitted for review by the Community Development Department, Graphics Section, to obtain addresses. 5. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice for each parcel: "The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such an hypothesis is established. At this time no risk assessment has been made." 6. The applicant shall show proof that water and sewage service is available prior to recording the Parcel Map. 7. 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 2 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." S. 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 Mach 15, 1983 and included in the Contra Costa County General Plan adopted January, 1991. 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 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. 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. 9. 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 Eagle Lane. a Because of the large parcels involved and the agricultural nature of the subdivision, an exception to this requirement is granted. 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 Ordinance prohibits the discharg- ing of concentrated storm ,}raters into roadside ditches. 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) Submitting a Parcel Map prepared by a registered civil engineer or licensed land surveyor. 5) Constructing a paved turn-around at the end of the proposed private road. B. Convey to the County, by Offer of Dedication, a 30 foot half-width right of way for Eagle Lane. C. Relinquish abutter's rights of access along Eagle Lane with the exception of the 30 foot access easement. This requirement does not apply to farm equipment accessing the property for agricultural purposes. D. Construct a 16-foot paved (with two foot gravel shoulders) private roadway to County private road standards, within a 30-foot easement,to serve the parcels in this proposed subdivision from Eagle Lane. E. Develop and/or enter into a maintenance agreement with the other property owners that will use this private road, to insure it maintenance. F. 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 orthe construction of off-site, temporary or permanent, road and drainage improvements. 4 G. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Byron Highway. H. Improve at least 100-•feet of Eagle Lane,off-site,to a 20-foot paved width with 2-foot shoulders, to County private road standards. The improvements shall extend the Eagle Lane paved roadway from Byron Highway. .4 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE STRICTLY FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. The applicant/owner should be aware of the renewing requirements prior to recording the Parcel Map or requesting building or grading permits. B. Comply with the requirements of the East Diablo Fire Protection District. C. Comply with the requirements of the Health Services Department, Environmental Health Division. D. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit as adopted by the Board of Supervisors. F. The applicant will be required to pay an environmental review fee of $1 ,250 for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. G. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. 5 H. This project may be subject to the requirements of the Department of Fish & Game. it is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,Yountville,California 94599,of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. ED/aa MSXXI/4.92C.ED 8/24/93 9/13/93-EC (a) r F.o�; •Xo• t, ► B.B 9 ( $) XO 53'2?F �••� � •�� 1 t. � /' ✓ z • . �n-s _ w a 4ii.i9(ri0i.32T.) is C `O•^• C p` 1�ly §Z t0a m 6 • Ci C l 3s l L = A T> Y • (n I1 t`• ! i -~ Y N h r. "i1 L C 4e o r =�a" NOO•SD it-t rn t r�r IF F_/ \?� �4�� J9�.fs JfT.as'..I� `^t M W o o c o IM o 1 rn Q •!w ^' ! W 4;• j4� : M " O �_ •~ s "��, " "'t p= `+ ter fir, -.Y 0§ • '°' 7t'§ )'• ' fir* A-p e H = l�' § IC' f�t :�y • Y aR .3 it ' ., Eu-D.A. fQ RLIME R/W.2 10 to ol Ln �'"- 669,4{ –� .voi oe'o+•s aNOD'�rV IAJn.to -�ti an N N NCD4L4W — M o N, W in Q'� �1 p W w �-N OD Co .N X ;, sA m 44 ODLn ccs C c.„ 0— rp d r !!F O .� 6t p ..N Ol 1• O 4A N � h �� t 1 -o r v 9- f o PIP N w fko z t Lx OR Ll �t w OPP 1 - ,�► �, 'q �t a Ot 1 M L o � . v �o � � o d � 4 0 � t w Agenda Item # Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY SEPTEMBER 13 1993 - 7.30 P.M. ey 1. INTRODUCTION BELLECCI &ASSOCIATES(Applicant)-STEVE AND JEAN SCUDERO (Owner),County File #2980-RZ: The applicant requests approval to rezone an approximately 12 acre parcel from Heavy Agricultural (A-3) to General Agricultural (A-2). BELLECCI &ASSOCIATES (Applicant)-STEVE AND JEAN SCUDERO (Owner),County File #MS 4-92: The applicant requests approval of a vesting tentative map to subdivide an approximately 12 acre parcel into two lots with a variance to the minimum lot size of proposed Parcel B (4.4 net acres requested, 5 net acres required). Subject property for the above reference points fronts the east side of Eagle Lane, in the Knightsen area. (A-3)(ZA: M-28m)(CT 3040.00)(Parcel #015-110-024) II. RECOMMENDATION Staff recommends that the minor subdivision be approved as proposed in Exhibit A with the attached conditions of approval. This revised site plan is done at staff's suggestion. Staff further recommends that the East County Regional Planning Commission recommend to the Board of Supervisors that the site be rezoned to the General Agricultural District (A-2) from the Heavy Agricultural District (A-3). Ill. GENERAL INFORMATION A. General Plan: Agricultural Lands. The proposal complies with the Rural Ranchette Policy described within the Conservation Element of the General Plan. B. Zoning: Currently, the property is zoned A-3, which requires a minimum of 10 acres per parcel. The request to subdivide the lot into two parcels does not comply with the current zoning. .The applicant has submitted a rezoning application, from A-3 to A-2, which requires a minimum of 5 acres per parcel, to accomplish the subdivision request. C. CEOA Status: A Negative Declaration was posted October 22, 1992. D. Prior Applications: An application to divide a 48 acre parcel into four 12-acre lots was applied for in December 1985 and approved in February 1986. The - applicant has complied with the PG & E requirement that prohibits construction or drilling of wells between'the transmission lines. This easement is indicated on the recorded map. E. Soil: Marcuse Sand is a Class IV soil and not considered a prime agricultural soil. IV. AREA AND SITE DESCRIPTION The 12 acre site, which runs west-to-east, is a relatively flat parcel. Rural residential uses predominate this area of eastern Contra Costa County. Proposed Parcel A has a house, pump house and corrals. A 350' PG&E transmission line easement runs through the middle of the lot. Additionally, a 62.5 foot drainage easement and 112.5 feet right-of-way exists at the eastern portion of Proposed Parcel A. Buildings on proposed Parcel B are limited to a house and shed. VI. PROPOSED PROJECT The proposed project would create two parcels from a 12 acre piece of property. In order to accomplish this proposal, a rezoning application has been submitted to change the zoning from the current minimum of ten acres per parcel to five acres per parcel. VII. AGENCY COMMENTS A. Building Inspection Department: See attached comments. B. East Diablo Fire Protection District: See attached comments. C. Health Services Department, Environmental Health Division: Must meet water and sewage disposal requirements. See attached comments. D. Public Works: See attached comments. VIII.STAFF ANALYSIS APPROPRIATENESS OF USE The request to subdivide the property is an appropriate proposal when coupled with the rezoning application, from A-3, ten acres per lot, to A-2, five acres per lot. The current A-3 zoning is consistent with the General Plan, but to accomplish the subdivision request, the current zoning must be increased. Currently, the zoning district to the north and east of the applicant's parcel is A-3. Should this specific proposal be.approved, the area may experience a shift towards A-2 zoning. A similar_ rezoning and minor subdivision request was approved within the past two years two parcels to the north of the applicant's property. 3 SITE PLAN ANALYSIS At question with this rezoning and subdivision application is the proposed site plan. The applicant's original submittal established a flag lot, with a 93 foot wide strip of proposed Parcel B wrapping around proposed Parcel A. It was staff's suggestion that this linear strip be eliminated. :The revised plan, however, only shortened this strip. y ` A horse corral on proposed Parcel A abuts the linear strip of proposed Parcel B. Redesigning the site plan would alleviate a potential nuisance that may be created by the proximity of the corral to any future residential structures on proposed Parcel B. STAFF RECOMMENDATION Staff's recommendation for the property lines for this project are represented in Exhibit A, the applicant's original site plan submittal. Beginning at the northwest corner of Eagle Lane and running east approximately 447 feet,the property line should then turn south for approximately 205 feet, then head approximately 90 feet to the east below the pump house (shown as a tack house on original plans), parallel to the end of the driveway, and turn south to the end of the southern property boundary. ..This suggested property boundary creates a 4.41 acre for Parcel B. The linear strip is replaced with a ledge-like projection between the proposed parcels. While this configuration creates a substandard parcel for the 5 acre minimum required in the A-2 zoning district, it can be substantiated that this variance can be granted when balanced against the development constraints associated with the easements and existing buildings on proposed Parcel A. Easements of 350 feet in width for transmission lines, a 112.5 feet right-of-way to the USA and a 62.5 feet drainage easement eliminate approximately 4.7 acres of proposed Parcel A that may otherwise be used for accessory or residential structures. Though approximately 7.2 net acres exist for Parcel A, a remainder of 2.8 acres is left as buildable area for this proposed lot. Potential health risks may arise from the electromagnetic fields of the PG & E transmission lines. For this reason, it is suggested that the current house and any future residential structures be sited as far to the west of the transmission lines as possible. An additional well for proposed Parcel B must be drilled. To date, the Health Services Department has not been contacted by the applicant to begin drilling the well. This action must be taken by the applicant in order to comply with the Health Services Department. 4 SUMMARY Staff's recommended site plan, while creating a variance to the required lot size to proposed Parcel B, would minimize disturbances to the structures on proposed Parcel A. This suggestion best accomplishes the request to subdivide the property while ensuring that a safe buildable area remains for proposed Parcel A. a IX. FINDINGS REZONING Staff finds that the rezoning request, from A-3 where a minimum of ten acres per lot is the standard, to A-2, where the minimum lot size is five acres, substantially complies with the General Plan. The land uses created by this increased density are compatible with those within similar A-2 zoning districts and are compatible to those within the adjacent A-3 zoning area. The request to rezone this parcel is consistent with Article 26-2.18 of the Zoning Ordinance and should be approved. SUBDIVISION The request to subdivide the property into two parcels with a variance to proposed Parcel B is consistent with the goals and policies of the General Plan. With the approved rezoning, the density of the subdivision request follows the intent of the rural residential policies of the General Plan. The design of the subdivision will not cause environmental damage. Additionally, staff's recommendation will ensure that any potential health risk from the electromagnetic field of the transmission lines shall be minimized due to the site plan analysis. The request to subdivide this parcel is consistent with Article 94-2.8 of the Zoning Ordinance and should be approved. VARIANCE Granting a variance to the 4.4 acre parcel where 5 acres is the minimum parcel size is not a grant of special privilege. Due to the size and location of the easements, as well as the location of the existing buildings on proposed Parcel A, the size of proposed Parcel B must be decreased to accommodate the structures of its neighboring parcel. The request for a variance to the minimum lot size for proposed Parcel B is consistent with Article 26-2.2006 of the Zoning Ordinance and should be approved. ALTERNATIVES TO STAFF RECOMMENDATION Two options to create a 5 acre lot for proposed Parcel B require that the property line extend further east than staff recommends. These alternatives would establish two rectangular parcels, though the buildable area for proposed Parcel A would decrease. 5 The first proposal would have the property line extend approximately 530 feet east creating a 5.03 acre lot for proposed Parcel B. This suggestion, however, erects a property line in the middle of the house on proposed Parcel A. The existing house would have to be relocated. The second option is to have the property line extend approximately 600 feet to the east before splitting the two parcels in half. This possibility creates a 5.41 acre parcel for proposed Parcel B. Implementing this option, however, would place two residences on the same parcel. Establishing this use requires approval from this department to legally do so. Should this subdivision and rezoning application be approved, the applicant, as a condition of approval, would be required to apply for a land use permit to legally establish this use. Imposing this condition does not appeal to staff due to the additional cost and time delay this solution creates. Since there are other suggestions for the site plan concerning this subdivision which are more efficient, staff does not recommend this alternative. CK/ED/aa MSXXI/4-92.ED 8/24/93 CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT _ SITE DATA REPORT SHEET Parcel No: D/S -//D-,07&_ Date Location k�i ,�fTSFnI Subdivision 9Z Street 700 FACJJ% LN. Cross' Street Ryzow mal- ,5Z1,V5F T .eD. (Fill in' the blanks and answer the questions. Be as brief as possible but cover the site completely. If some knowledge is unobtainable, mark a check in front of the number) . GENERAL TOPOGR],PHY 1. Terrain (ridges, terraces, hummocks, knolls, canyons, etc. ) 2. Steepest natural slopes (angle) 3. Height of slopes 3 .;,,t, ,.. ,�; �, �� /f lw db 4. 'General remarks and description (pasture land, orchards, etc. ) lJ A F,6k f ZZ-5-4. SOIL CONDITIONS , 5. Topsoil type. (clay, sand shale, silt, rock) - J 6. Bedding material type -(from nearby cuts and past exper ence) (rock, conglomerate, sand, clay, shale, gravel) z,• ,,?: Size of slides: length width height thickness volume .8'. Height of scarps 9: Reactivated - old or new slide 10. Original angle of slope ao Z GR-12 t • Site Data Report Sheet Page 2 11. Natural, cut, or fill slope 12. Direction slope is facing �„4� 13. Wet or dry _ .,._ .. .. . . . . ...��Y. ... . . . ... ... .. ..,. _. .... . .. . _ ..... DRAINAGE 14. Basin Boundaries ifl 11 15. Basin Areas 16. Excellence of run—off (good, poor, bad) �t . 17. Evidence of past flood or standing water 16. Approximate number of acres draining to area 19. Stream channels (permanent or intermittent) 20. Any concealment of, or interference with natural channels /GD Subsurface Drainage 21. Depth of water, table �✓��GK� 22. Movement of ground water " 23. Seepage and springs (sizes and rate of flow) IJA4 VEGETATION - 24: Type ti...�l1�11 25. Distribution .&V_W 26. Could the proposed grading be hazardous to any nearby property? GENERAL. REMARKS ON ANY ITEM ABOVE — List item number and any additional informs— tion acquired from past experience in the area. ZOI Z ^kR SUBDIVISION �- 92- SITE £CK COMMENTS �. 1. No comments. 2=a A grading permitwill be required for the earthwork necessary to develop all parce s in the above minor subdivision. ® 2-b Submit four (4) copies of plans showing the existing contours, the erten: of the proposed grading, drainage improvements and general site aevelopmen-. a 3. Plans accompanying the application for building permits shall show the exist- ing contours, the extent of the proposed grading and drainage improvements, and be reviewed by the Grading Section prior to issuance. 4-a Prior to issuance of building and/or grading permits in above minor subdi- vision, a preliminary soil investigation report prepared by a licensed s=il engineer will be required. It shall report on the ability of the site to support the im ,rovements anticipated, and shall include repo/marded foun- dation designs to achieve maximum'stabilitr of-the proposed,structures. �( 4-b A licensed soil engineer nU be require' to control grading operations =n'_• to report on the ability of the site to support the improvements antic-;cal--?d. 5. The depth and lnration of the uneompacted fill on parcel(s) shall be indicated on the plans accompanying the application for building permits in the above minor subdivision. 6. The existing cut and/or fill on parcel(s) are in violation of the Contra Costa County Ordinance Codes and shall be corrected prior to the issuance of building permits in the- above minor subdivision. - � 7. Typical cross-sections of the proposed access read improvtm?nts shall be shown on the above plans. n8. Building foundations shall be designed to cc::nteract swelling and uplift characteristics of the expansive soil at this site. (� 9. Due to the size of the parcels, we have no specific recommendations at this time. Grading Permits maybe required for future development. 10. -)1,- Grading—Te )1,-GradingTe ician w - a) W- lid In Wd Sat t t.'d Sat ` c i's?L'vd 6'i131!L'd ay; ��,�_ � 8 ��*g 8 � G iit:l?aa is �ii5'sI,+I';Oa i4' �►�rr�s.u�_ sont1 X• �n«A � � 3 ��'''� � Jxl�rJtr x»�.',y_,-.��-u-.�= ��'` o. ¢ O � 3 t� OUT. SIR o W _ All 116 Mo 14 °4M _ + offer -411 -0 dmw it a l EAST DIABLO cor�� FIRE PROTECTION DISTRICT �2,y�� eosr, 745 Fust Street Brentwood,California 94513 Business Phone(510)634-3400 March 4, 1992 Contra Costa County Community Development Department' 651 Pine Street, North Wing - 4th Floor Martinez, CA 94553-0095 ATTN: Catherine Kursuris SUBJECT: M S 4-92 Knightsen, CA Dear Ms. Kursuris: We have reviewed the minor subdivision application, dated February 3, 1992, for the subject project. The application is to allow the creation of two parcels from an existing 12 acre parcel. This project is subject to the 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 CONDITIONS 1. 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 imposed loads of fire apparatus (30 tons maximum). - [10.207 UFC] 2. 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] 3. Provide illuminated addressing located on each building as it is constructed in such a manner as to be plainly visible and legible from the street or road fronting the property. [10.208(a) UFC] 4. 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$365.00 per individual residential dwelling unit. The developer shall pay all required Fire Facility Fees prior to the issuance of any building permit. - Contra Costa County f Community Development Department S20290OMS00 March 4, 1992 Page 2 5. 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] As an alternative, the developer may provide fire sprinkler protection for each building to be built on each parcel. If required by the Fire Chief, a water tank for firefighting purposes shall also be provided. The size of the tank shall be 5,000 GPM. 6. Where open space is to be maintained for public or private use, the developer shall provide access into these areas from public ways. These access ways shall be a minimum 16-foot width to accommodate fire department equipment. All open spaces, when left in their natural state, shall meet the Fire District's weed abatement standards. [10.207(m) & 88.104 UFC] 7. 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] The conditions specified above are intended to ensure that the project is in general compliance with applicable fire codes and regulations enforced by the East Diablo Fire Protection District. Review of subsequent plan submittals, if required above, may result in additional requirements. It is requested that a copy of the Conditions of Approval for this project be forwarded to our office when compiled 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 hief By: , PH:KPM:ps &OIN P. MCCARTHY Fire Inspector PC: Steven and Jean Scudero S20290OMS00 j • prltra Health Services Department Co�+ .`+ice/ h - ENVIRONMENTAL HEALTH DIVISION sta East/Central Office County Martinez, Ward Street JJ , Martinez.California 94553-1352 (510)646-2521 February 18, 1992 Bellecci & Associates, Inc. 2290 Diamond Blvd. , 1100 Concord, CA 94520 Dear Sir: SUBJECT: M.S. 4-92 Knightsen area The tentative map of this proposed minor subdivision has been received by this division. An investigation to determine the feasibility of installing individual sewage disposal and individual water supply systems must be made by this division before our comments concerning the tentative map can be forwarded to the Community Development Department. The charge for conducting these investigations as a site evaluation will be $240.00, payable to Contra Costa County Health Services (see fee schedule enclosed) . Upon making the site evaluation, the Environmental Health Inspector may find it necessary to require percolation tests. You should be prepared to provide the percolation test holes, supply the water necessary and pay $250.00 for each percolation test needed. It will also be necessary to submit water quality information to this ,It for review. A general mineral analysis (specific conductance and total dissolved solids only) and a full inorganic chemical analysis may be completed on one well adjacent to or on M.S. 4-92. All samples shall be drawn from a well of known depth providing water of acceptable quantity and quality, meeting all primary drinking water standards. For your information, please see the enclosed Water Policy. If you wish to proceed, we suggest you make application to this office. The investigation may take a week or more to complete. Sincere y, - - S Craig Smith, R.E.H.S. CS:jc Sr. Env. Health Specialist Encl. cc: Community Development Dept. Public Works, Rd. Eng. Bldg. Insp. Dept. Steve & Jean Scudero California Environmental Quality Act NOTICE OF Completion of Environmental Impact Report Negative-Declaration of Environmental Significance .4 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET NORTH WING-4TH FLOOR MARTINEZ,CALIFORNIA 94553.0095 2091 Catherine Kutsuris Telephone: (415) 646- Contact Person Project Description and Location: BELLECCI & ASSOCIATES (Applicant) - STEVE & JEAN SCUDERO (Owner), County File #2980-RZ: The applicant requests approval to rezone an approximately 12 acre parcel from Heavy Agricultural (A-3) to General Agricultural (A-2). BELLECCI & ASSOCIATES (Applicant) - STEVE & JEAN SCUDERO (Owner), County File #MS 4-92: The applicant requests approval of a vesting tentative map to subdivide an approximately 12 acre parcel into two lots with a variance to the minimum lot size of proposed Parcel A (4.4 net acres requested; 5.0 net acres required). Subject property for the above reference projects fronts the east side of Eagle Lane, in the Knightsen area. (A-3) (ZA:M-28-m ) (CT 3040.00) (Parcel #015-110-024) 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. Based on the foregoing review, the project will not result in any potentially significant environmental impacts. 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 Repor Ive Declaration: A.)-2Z "qZ thru /Z— Z o..