HomeMy WebLinkAboutMINUTES - 10261993 - H.3 ,• H. 3
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TO: BOARD OF SUPERVISORS CCia
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FROM: HARVEY E. BRAGDON County
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DIRECTOR OF COMMUNITY DEVELOPMENT ', Tr o
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DATE: June 29, 1993 �osT� coUN`►� �~
SUBJECT: Appeal by Robert J. Costa of the County Planning Commission's Decision
of Condition of Approval #3-B of Minor Subdivision 24-92, Roberti.
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
Panning 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 applicationas per
staff recommendation, with added and revised condi ions CONTINUED ON ATTACHMENT: X YES SIGNATURE tA I �n
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDCOMMITTE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October Z6 , APPROVED AS RECOMMENDED OTHER x
See Addendum for Board action
VOTE OF SUPERVISORS
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:Delmar Tompkins - 646-2024
Orig: Community Development Department ATTESTED October 26 , 1993
cc: Robert J. Costa PHIL BATCHELOR; CLERK OF
Marilyn Kittrel THE BOARD OF SUPERVISORS
Public Works - Mitch Avalon COU ADMINISTRATOR
BY
_( DEPUTY
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2 .
Appeal by Applicant
The applicant appeals Condition of approval #3-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
BDVII/24-92 .DT
6/29/93
ADDENDUM TO H.3
OCTOBER 26, 1993
On October 19, 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.
Dennis Barry, Community Development Department, recommended a minor
modification to the staff recommendation previously presented: Condition 3, Part B
would read a Deed of Development Rights above the 880 foot contour rather than a
scenic easement shall be recorded on the parcel map and granted to the County per the
staff study dated April 20, 1993. The erection of structures and facilities including but
not limited to buildings, obscure fences, swimming pools, tennis courts and sports courts
and integrating of earth moving are prohibited in such areas. The proposed Grant Deed
of Development Rights shall be submitted with the site plan. Mr. Barry indicated all
parties had found this wording acceptable and he recommended that the Board grant the
appeal in part with the modification to the conditions as he had outlined.
The public hearing was closed.
Supervisor Torlakson moved to approve the staff recommendation.
Supervisor Smith seconded the motion.
IT IS BY THE BOARD ORDERED that the appeal by Robert J. Costa from the
decision of the Contra Costa County Planning commission relative to Minor Subdivision
24-92 is GRANTED in part; and Minor Subdivision 24-92 is APPROVED with modified
conditions.
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