HomeMy WebLinkAboutMINUTES - 02011994 - H.4 H. 4
- " •-i �` _ Contra,
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TO: BOARD OF SUPERVISORS _ - Costa
01 .;: „
' sili.q!..'''.
FROM: HARVEY E. BRAGDON s County
DIRECTOR OF COMMUNITY DEVELOPMENT '
2"-' 'C'
DATE: ' November 23 , 1993 coUfq-
SUBJECT: Appeal by the Applicant Gary Klaucke, County File #MS 55-91 to
Subdivide 20 Acres into 4 Parcels, in the Clayton Area
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Uphold the County Planning Commission's decision and deny the
appeal.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The background for this application is contained in the November 2 ,
1993 staff report to the Planning Commission.
The subject application was deemed incomplete on January 29 , 1992 .
As of this date the applicant has not submitted all the information
to allow staff to proceed.
The application was heard by the County Planning Commission on
November 2 , 1993 , and denied with prejudice. The applicant
subsequently appealed the decision to the Board of Supervisors.
The issue of appeal is the following:
1. The applicant received only two weeks notice of the public
hearing.
The applicant was notified by letter numerous times on the
deficiencies of the subdivision application.
CONTINUED ON ATTACHMENT: X YES SIGNATURE -be, ..b `�tn
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON February 1 , 1994 APPROVED AS RECOMMENDED X _ OTHER
See attached Addendum A for Board of Supervisors 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:Debbie J. Aime - 646-2031
Orig: Community Development Department ATTESTED February 1 , 1994
cc: Public Works PHIL BATCHELOR, CLERK OF
Gary Klaucke THE BOARD OF SUPERVISORS
County CounselA CO Y ADMINISTRATOR
LBY , DEPUTY
r�
2 .
The following is a chronology of staff's request to the applicant
for the items required to process the application:
January 29 , 1992 - Application deemed incomplete. A tentative
map was not provided for staff review. Staff
requested the applicant provide the informa-
tion as required by County Code 94-2 .
August 13, 1992 - Applicant submits tentative map.
August 28, 1992 - Staff determines the application is still
incomplete for processing.
November 3 , 1992 - Response from applicant to staff's incomplete
letter, stating all information such as build-
ing sites, well locations and grading plans
will be provided at a future date.
November 16, 1992 - Staff response to applicant's letter. Staff
indicates information such as well sites,
leach fields, building sites are required by
General Plan, Conservation Element "Agricul-
tural Resources Implementation Measures" .
Staff reiterated a geologic reconnaissance
report was still required. Staff provided the
applicant 45 days to submit the information.
January 4 , 1993 - Revised map submitted providing requested
information with the exception of a geologic
report. Applicant states no geologic hazards
exist, but provides no evidence to support his
statement or refute staff's evidence as shown
on the USGS topographic overlay system.
February 2 , 1993 - Staff requests the geologic report and indi-
cates no factual evidence has been provided to
refute staff's evidence.
March 18 , 1993 - Applicant indicates geologic study has been
contracted for.
July 14, 1993 - Staff requests the geologic study be submitted
prior to August 1, 1993 or the application
would be scheduled for denial.
September 28, 1993 - Staff notifies the applicant that the
application will be scheduled for the next
Zoning Administrator hearing with a recommen-
dation of denial.
The last notice was mailed to the applicant on September 28, 1993
indicating the application would be scheduled for public hearing
with a recommendation for denial. A letter was received by the
applicant's representative indicating the applicant intends to
proceed with the application, however, no date was given when the
information would be provided to the County for review.
The notification to the applicant of the public hearing was mailed
two weeks prior to the meeting on October 15, 1993 . This is the
standard notification given for all applications.
The applicant over the past one and one-half years has delayed
processing this application by not submitting all the required
information. Furthermore, the applicant has not given staff any
indication when the requested information would be received.
DJA/aa
BDVII/55-91.DJA
ADDENDUM A
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the appeal by Gary and .Sharon
Klaucke (appellants) from the decision of the Contra Costa County
Planning Commission on the request by Gary and Sharon Klaucke
(applicants and owners) to divide 20 acres into four parcels in a
General Agricultural . (A-2) Zoning District . Variances are
requested for average lot width to Parcel A and Parcel C, 234
feet and 180 feet respectively (250 feet required) (MS 55-91) in
the Clayton area.
Dennis Barry, Community Development Department, presented
the staff report on the proposed minor subdivision and he
described the location of the property. Mr. Barry presented a
brief history of the application for the minor subdivision
referring to the chronology in the staff report and he advised of
the staff recommendation to uphold the County Planning
Commission' s decision and deny the appeal . Mr. Barry also
advised the Board that he had received just this afternoon a copy
of a preliminary geotechnical reconnaissance. report by Purcell
Rhoades and Associates from the applicant .
The public hearing was opened and the following persons
presented testimony:
Gary Klaucke, 3520 Morgan Territory Road, Clayton, spoke in
support of the request to reconsider the denial of the project .
Seth Adams, P.O. Box 44 , Martinez, representing Save Mt .
Diablo, spoke in support of the staff recommendation for denial
of the appeal, and requested that if the Board were to consider
approval of this minor subdivision, an environmental assessment
checklist should be considered.
Bob Williamson, P.O. Box 393 , Clayton, spoke in opposition
to the proposal and also presented written material to the Board
Barbara McGinnis, 3524 Oakhill Lane, Clayton, spoke in
concurrence with Mr. Adams and Mr. Williamson' s remarks .
Nancy Howe, 3530 Oakhill Lane, Clayton, spoke in support of
the preceding speakers .
The Chair read cards with comments from:
Joan Kopfelt, 3674 Morgan Territory Road, Clayton, in
opposition to the proposed subdivision.
Anthony Carini, 3674 Morgan Territory Road, Clayton, in
opposition to the proposed subdivision.
Mr. . Klaucke spoke in rebuttal .
The public hearing was closed.
The Board discussed the matter.
Supervisor Torlakson moved to deny the appeal .
Supervisor McPeak seconded the motion.
IT IS BY THE BOARD ORDERED that the above recommendation is
APPROVED; and the decision of the County Planning Commission is
UPHELD and the appeal is DENIED.
I'�Y O F L AT.9CST`
Founded 1 ,;: rorporger71964
Y 1,Y•/p p.
Telephones P.O.BOX 280 CLAYTON,CALIFORNIA 94517 (I ECE`VED
CITY HALL (510) 672.3622 TELEPHONE (510) 672-3622 n
COMMUNITY
DEVELOPMENT (510) 672.6690
ENGINEERING (510) 672.9700 �pN 2 11994
January 19, 1994
CLERK ON R 4000STA CO-
DUPERVVIS
Contra Costa County Board of Supervisors
651 Pine St., 1st Floor, Room 106
Martinez, CA 94553
SUBJECT: FEBRUARY 1, 1994 BOARD MEETING
APPEAL HEARING ON MS 55-91
Honorable Chair and Members of the Board,
These comments concern the appeal of Gary and Sharon Rlaucke to the County
Planning Commissions denial of their request to subdivide 20 acres into 4
parcels. Included within this request is a variance regarding lot width of
two (2) proposed parcels. These comments confirm those made in my letter of
January 22, 1992 to the Contra Costa County Community Development Department
regarding this same subdivision.
As part of the Marsh Creek Road specific Plan, the Clayton Planning Commission
has recommended to the City Council a policy that all County agriculturally
zoned land east of Clayton should have a minimum parcel size of 40 acres. The
Clayton Planning Commission recommended this policy based on the belief that a
parcel size of less than 40 acres in the Marsh Creek Road area is not
economically feasible for agricultural production. small parcels reflect
ranchette development which, in our view, is a threat to viable agriculture
and should be used only in transition areas between suburban development and
agricultural use. It is also our opinion that ranchette development will
cumulatively cause significant impacts on the traffic capacity of Marsh Creek
Road and bn the visual quality of this scenic highway.
I understand that this property is zoned A-2 which allows for a minimum parcel
size of 5 acres. I further understand that the County may not have the
authority to deny this subdivision based upon Clayton's desire for a 40 acre
minimum parcel size. The above Clayton Planning Commission policy is offered
for your general information, and to urge the County staff to develop and the
Board of Supervisors to adopt a 40 acre minimum parcel size in the Marsh Creek
Road agricultural areas.
Thank you for the opportunity to comment on this proposal. If you have any
questions or need further information, please call me at (510) 672-6690.
Sincerely,
Randall Hatch
Community Development Director
RE/lc
cc: Dennis Barry, CCC Community Development Dept.
Clayton City Council
Clayton Planning Commission
o0p. m
A P P E A L - GARY & SHARON KLAUCKE
Minor Subdivision #55-91
The applicants request approval of a tentative map to divide 20
acres into four (4) parcels.
Variances are requested for average lot width to Parcel A and
Parcel 234-ft., and 180-ft., respectively (250-ft., required)
Subject property is located at #3521 Oak Hill Lane, approximately
one-fourth mile west of Morgan Territory Road,
Clayton area.
Board of Supervisors
Contra Costa County
1 February 1994 - 2:00 P.M.
NOTIFICATION LIST - Appeal - Gary & Sharon Klaucke (Applicant & Owner) - MS 55-91.
Gary & Sharon. KI aucke I Leonard Anderson
3520 Morgrn Territory Road 1710 North Fulgham
Clayton, California 94517 Visalia, California 93291
John Lauer State Park & Recreation Depart.
3690 Morgan Territory Road 4180 Treat Boulevard
Clayton, California 94517 . Concord, California 94521
Donald Dellenbach City of Clayton
3680 Morgan Territory Road P, 0. Box 280,
Clayton, California 94517 Clayton, California 94517
Joan Kopfelt
P. 0. Box 912
Clayton, California. 94517
James Bartneck
3660 Morgan Territory Road
Clayton, California 94517
Nancy Humpareys
1681 Ridgewood Road
Alamo, California 94507
Robert Williamson
3510 Oak Hill Lane
Clayton, California 94517
Larry Domina
3514 Oak Hill Lane
Clayton, California 94517
Robert Jacobson
3516 Oak Hill Lane
Clayton, California 94517
Barbara McGinnis
3524 Oak Hill Lane
Clayton, California 94517
.-Jig L
Contra
TO: BOARD OF SUPERVISORS nl Cwa
FROM:. HARVEY E. BRAGDON _ County
DIRECTOR OF COMMUNITY DEVELOPMENT • y~,• .p
DATE: November 23, 1993
SUBJECT: Appeal by the Applicant Gary Klaucke, County File #MS 55-91 to
Subdivide 20 Acres into 4 Parcels, in the Clayton Area
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) 6 BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Uphold the County Planning Commission's decision and deny the
appeal.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The background for this application is contained in the November 2,
1993 staff report to the Planning Commission.
The subject application was deemed incomplete on January 29, 1992.
As of this date the applicant has not submitted all the information
to allow staff to proceed.
The application was heard by the County Planning Commission on
November 2, 1993, and denied with prejudice. The applicant
subsequently appealed the decision to the Board of Supervisors.
The issue of appeal is the following:
1. The applicant received only two weeks notice of the public
hearing.
The applicant was notified by letter numerous times on the
deficiencies of the subdivision application.
CONTINUED ON ATTACHMENT: X YES SIGNATURE .
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD CO ITTEE
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:Debbie J. Aime - 646-2031
Orig: Community Development Department ATTESTED
cc: Public Works PHIL BATCHELOR, CLERK OF
Gary Klaucke THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
2.
The following is a chronology of staff's request to the applicant
for the items required to process the application:
January 29, 1992 - Application deemed incomplete. A tentative
map was not provided for staff review. Staff
requested the applicant provide the informa-
tion as required by-County Code 94-2.
August 13, 1992 - Applicant submits tentative map.
August 28, 1992 - Staff determines the application is still
incomplete for processing.
November 3, 1992 - Response from applicant to staff's incomplete
letter, stating all information such as build-
ing sites, well locations and grading plans
will be provided at a future date.
November 16, 1992 - Staff response to applicant's letter. Staff
indicates information such as well sites,
leach fields, building sites are required by
General Plan, Conservation Element "Agricul-
tural Resources Implementation Measures".
Staff reiterated a geologic reconnaissance
report was still required. Staff provided the
applicant 45 days to submit the information.
January 4, 1993 - Revised map submitted providing requested
information with the exception of a geologic
report. Applicant states no geologic hazards
exist, but provides no evidence to support his
statement or refute staff's evidence as shown
on the USGS topographic overlay system.
February 2, 1993 - Staff requests the geologic report and indi-
cates no factual evidence has been provided to
refute staff's evidence.
March 18, 1993 - Applicant indicates geologic study has been
contracted for.
July 14, 1993 - Staff requests the geologic study be submitted
prior to August 1, 1993 or the application
would be scheduled for denial.
September 28, 1993 - Staff notifies the applicant that the
application will be scheduled for the next
Zoning Administrator hearing with a recommen-
dation of denial.
The last notice was mailed to the applicant on September 28, 1993
indicating the application would be scheduled for public hearing
with a recommendation for denial. A letter was received by the
applicant's representative indicating the applicant intends to
proceed with the application, however, no date was given when the
information would be provided to the County for review.
The notification to the applicant of the public hearing was mailed
two weeks prior to the meeting on October 15, 1993. This is the
standard notification given for all applications.
The applicant over the past one and one-half years has delayed
processing this application by not submitting all the required
information. Furthermore, the applicant has not given staff any
indication when the requested information would be received.
DJA/aa
BDVII/55-91.DJA
BEFORE THE PLANNING COMMISSION
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL - Gary & Sharon Klaucke,
(Applicants & Owners) - Minor RESOLUTION No. 4-1994
Subdivision #55-91 - In The
Clayton Area of said County
WHEREAS, an application by GARY & SHARON KLAUCKE, (Applicants &
Owners), requesting approval to divide 20 acres into four (4) parcels in a general
Agricultural (A-2) Zoning District, was received by the Community Development
Department on December 31, 1991; and
WHEREAS, from time of submission of said application (12/31/91) through and
to January 29, 1992, the applicant submitted some of the requested information
relative to their request but did not provide a preliminary geotechnical report with the
Community Development Department; and
WHEREAS, in view of the above information, no environmental analysis was
submitted by the applicant for review and recommendation; and
WHEREAS, on July 14, 1993 and again on September 29, 1993, the applicant
was notified that his application would be scheduled for public hearing with a negative
recommendation in that the requested information was not received; and
WHEREAS, after notice thereof having been lawfully given, a public hearing was
scheduled before the County Planning Commission for November 2, 1993, whereat
all persons interested therein might appear and be heard; and
WHEREAS, the applicants, Gary & Sharon Klaucke, were not present at the
above indicated public hearing; 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
recommends to the Board of Supervisors of the County of Contra Costa, that the
appeal of GARY & SHARON kLAUCKE (Applicant & Owner), MS 55-91, be DENIED
for the following reasons:
1 . Lack of interest on the part of the applicants inasmuch as the information
requested
d by Staff was not forthcoming.
2. The applicant failed to appear at said public hearing and explain his request
and the reasons for not submitting the required information.
Gary & Sharon Klaucke - MS_55-91
BE IT FURTHER RESOLVED that the foregoing order was given by the County
Planning Commission in a regular meeting on Tuesday, November 7, 1993, as follows:
AYES: Commissioners - Straus, Wong, Accornero, Woo, Gaddis, Clark.
NOES: Commissioners - None.
ABSENT: Commissioners - Marvin J. Terrell.
ABSTAIN: Commissioners - None.
BE IT FURTHER RESOLVED that on November 12, 1993, the applicant/owner
appealed the decision of the County Planning Commission to your Board.
Richard Clark
Chairman of the Planning Commission
Contra Costa County - State of Calif.
ATTEST:
rvey E
/E. gdon -- Secretary of the
i g . io
Planning 0 mission, Contra Costa
County, state of California.
Contra � Harvey E. Bragdon
Community Director of Community Development
Development Costa
Department CoUry
County Administration Building
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095 • ' .
646-2091 - November 16, 1993
Phone:
Tr'a'eOUN'�
Gary Klaucke
3520 Morgan Territory Road
Clayton, CA 94517
Dear Mr. Klaucke:
This letter acknowledges receipt of your letter of appeal dated received November 12, 1993 for
application #MS 55091, which was denied by the County Planning Commission on November 2, 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.
Also, please note that in order to proceed promptly with the scheduling of this appeal, you should
submit a list of names and addresses for the applicant and owner of the application and all properties
within 300 feet of the property along with stamps and mailing labels for each individual property
owner, no later than December 7, 1993. Please direct the labels, stamps and list to: Community
Development Department, Attention: Debbie Aime, 651 Pine Street, North Wing -4th Floor, Martinez,
CA 94553-0095.
If you have any questions regarding this matter, please call Debbie Aime at 646-2031.
Sincerely yours,
Mary leming
Assistant Director-Current Planning
:df
L3:ms55-91.bos
cc: File/aa
Leonard Vecchi
Public Works
Attn: Mitch Avalon
November 12, 1993
Community Development Dept . {`' ` PM 4: 05
651 Pine St .
4th Floor No. Wing rEVr_L�;; :';L !i DEPT
Martinez, CA 94553
Attn: Dennis M. Barry
RE: MS 55-91
Dear Sir:
I 'm appealing a decision that was made November 2, 1993 at
the last county planning commission meeting. Enclosed you
will find the funds you requested.
The request to appear at this meeting was sent just two weeks
prior to this date. During that time we were out of town and
upon our return we found out that you had made this decision.
Therefore we .were completely unaware of these actions that were
taking place in our behalf: Then we were shocked at being
requested to pay this appeal fee in just three days or else
(received your letter on Tuesday the 9th and Thursday was a
holiday) . We feel this treatment to be insensitive and very
unprofessional.
We also want you to understand that we are wealthy developers
who have grandiose plans for dividing the property. We want
just to divide the property for estate purposes in preparation
for my retirement . The reason why the final requirement is
incomplete is because through this application process ,
numerous requirements have been made os us , each amounting to
thousands of dollars . The final requirement of a geological
study is being completed and paid for . In this tight economic
time. this had not been an easy feat .
Please notify us in ample time of your next review meeting that
you want us to attend.
Your s.",t'ruly,
c:-
Gary K1XUcke
Enc :
i
E.
Community Contra Harvey of ommu n
Director of Community Development
Development Costa
Department County
Administration Building
651 Pine Street
4th Floor, North Wing F, `E.•r_
Martinez, California 94553.0095
Phone: 646-2091
rrA 'i� t`
5 November 1993 •iii t+
Mr. & Mrs. Gary Klaucke
3520 Morgan Territory Road
Clayton, California 94517
Dear Mr. & Mrs. Klaucke:
This letter is to inform you that on Tuesday, November 2, 1993, the
County Planning Commission reviewed your application, Minor
Subdivision 55-91, requesting approval to divide 20 acres into four
(4) parcels. The property is located at 3521 Oak Hill Lane,
approximately one-fourth mile west of Morgan Territory Road, in the
Clayton area.
The County Planning Commission denied your application with
prejudice not being able to make the necessary findings for
approval and since the application was deemed to be incomplete.
Under the provisions of the County ordinance, you may appeal the
decision of the Planning Commission to the County Board of
Supervisors for public hearing and determination by that body.
An appeal requires a $125.00 filing fee and letter stating your
reasons for the appeal. The letter and fee must be received by the
Community Development Department by 5: 00 P.M. , Friday, November 12,
1993 ,
If no appeal is received by that time and date, the decision of the
County Planning Commission becomes final.
Should you have questions on the above information, call this
office for clarification.
Very truly yours,
Dennis M. Barry
Deputy Director
DMBjv
cc: File MS 55-91
City of Clayton
Bob Williamson
Seth Adams
Jim Hall, Zoning Invest.
Building Inspection Franklin Lew c.e.o.,3.e.
Contra Director of Building Inspection
Department costa
County
651 Pine Street, 3rd Floor, N.Wing /�
Martinez, California 94553-1290 /,'�
(510) 646-2300 `E �
FAX (510) 646-1219
BUILDING INSPECTION DEPARTMENT
INTER-OFFICE MEMO
DATE: December 9, 1993
TO: Debbie Aime, Project Planner
FROM: Jim Hall, Zoning Investigat,9�`// ct.i.(�
SUBJECT: Subdivision: MS-91-0055
Location: 3520 Morgan Territory Road, Clayton, CA
APN: 078-340-001
REF: RF932111
This department has investigated a complaint of a zoning violation
on the referenced property and found it to be valid.
It was found that the property owners have and are still allowing
the importation and dumping of refuse on their property. The
refuse includes but is not limited to commercial debris from
landscape maintenance and nursery maintenance.
The property owners were sent a notice to comply advising them that
they have a refuse disposal site on the property. This notice
required them to clear the violation by August 6, 1993, which they
have failed to comply with.
Subsequent inspections of the site have revealed that the amount of
refuse brought onto the property has increased substantially and
that the importation and the dumping of refuse continues to occur
on a weekly basis.
This use is permitted at the site upon the granting of a land use
permit. No land use permit has been applied for. The general plan
for this site appears not to permit the approval of a refuse
disposal site.
This information is provided in support of a denial of the minor
subdivision.
'
.
. *�
Agenda |tarn # ��
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING CUN1yN\SS|ON
TUESDAY, NOVEMBER 2, 1993 - 7:30 P.M.
iINTRODUCTION
County File #MS 55S1 Th
applicant requests approval to divide 20 acres into four p"arcels. Variances are
requested for average lot width to Parcel A and Parcel C, 234 feet and 180 feet
respectively (250 feet required). Subject property is located at #3521 Oak Hill Lane,
approximately one-fourth mile west of Morgan Territory Road, in the Clayton area. W
U. RECOMMENDATION
Staff recommends this 8ou|ioat0n be denied without prejudice.
Ui DISCUSSION
The subject application was filed on December 31' 1991 and was
'subsequently
daernedinconnp|gteonJanuary 28' 1S92. Throughout the past one and nna-ho|fyears
the applicant has submitted some of the information required to deem the application
complete and staff' following each submittal, has indicated to the applicant the
outstanding information required to deem the application complete (see attached
letters).
The applicant has failed to provide a preliminary geotechnical investigation. On March
lO, 1993 the applicant indicated he had retained a consultant to perform the study.
7-nthis date, nostudy has been filed with the Department.
The applicant was notified on July 14' 1993 and again on September 28' 1993 that
this application would be scheduled for public hearing if the requested information was
not received.
DJA/AB/oo
K4SXXV55'91.DJA
10/15/93
LAW OFFICE
KENNETH N. RIVERA
October 4, 1993 OSA
T
Community Development Department
Attn: Debbie Aime, Senior Planner
651 Pine Street
4th Floor, North Wing
Martinez, CA 94553
Re: MS55-91
Dear Ms. Aime:
I represent Gary and Sharon Klaucke, who own property at 3520 Morgan Territory
Road, Clayton, California. The Klaucke's advised me that you are recommending of denial
of their application to sub-divide the property due to a lack of interest.
I can assure you that their interest has always remained high, and their intention is to
proceed with the sub-division. Unfortunately, the Klaucke's ran into some financial
difficulties, and subtle of the request made of them required cost of substantial sums. The
County fees have sky-rocketed, and those who furnish items are requested to complete the
application are few and the fees are uncompetitive. These factors of all effected the abilities of
the Klaucke's to move as expeditiously as they would like to.
The Klaucke's intend to proceed with,and ask that their permit be extended so that they
will not be incurred the additional cost of re-application. Present,the Klaucke's have made the
last payment to the company who is drawing up your last request on the preliminary
geographical report. We would appreciate the extension until the report is completed and
submitted to the County in connection with the sub-division application. Thank you for your
consideration.
Sincerely yours,
KENNETH N. RIVERA
KNR/lap
1806 BONANZA STREET
P.O.BOX 217,WALNUT CREEK,CALIFORNIA 94596
TELEPHONE(510)939-6777 FAX(510)938-2279
CHarvey E. Bragdon
Community Contra
Development Director of Community Development
Department COSta
County Administration Building County
651 Pine Street
4th Floor, North Wing aE g--•.L,
Martinez, California 94553-0095
Phone:
646-2031 s
rrq co US
September 28, 1993
Gary Klaucke
3520 Morgan Territory Road
Clayton, CA 94517
Dear Mr. Klaucke:
RE: MS 55-91
You application was originally deemed incomplete on January 29, 1992. As of this date, all
the information required to proceed with this application has not been received.
Staff is recommending this item be scheduled for the next available Zoning Administrator
hearing with a recommendation for denial due to lack of interest in processing the application.
Should you have any questions, please do not hesitate to call.
Sincerely,
DEBBIE AIME
Senior Planner
DJA/aa
LTRXIII/55-91
cc: MS 55-91
CHarvey E. Bragdon
Community Contra
Development Director of Community Development
Department � hSita{
County Administration Building CVUr Ily
651 Pine Street
4th Floor, North Wing ,�c:------
Martinez, California 94553-0095
Phone:
646-2031
V, E
V
nOrT -S„T:
'a COUH�
July 14, 1993
Gary Klaucke
3520 Morgan Territory Road
Clayton, CA 94517
Dear Mr. Klaucke:
RE: MS 55-91
Your application was deemed incomplete on August 28, 1992. As of this date, all the
information required to proceed with this application has not been received.
Staff is recommending this item be scheduled for the next available Zoning Administrator
hearing with a recommendation for denial due to lack of interest in processing the application.
You may request a partial refund of fees prior to this item being scheduled for public hearing.
If a refund request is not received prior to August 1 , 1993, staff will proceed with scheduling
the item for hearing.
Should you a have any questions, please do not hesitate to call.
Sincerely,
xblt1
DEBBIE AIME
Senior Planner
DJA/aa
LTRX1/55-91
cc: MS 55-91
Community Development Dept . ; t:;•, _
651 Pine St . ,�"' r
4th Floor, No Wing cv �
Martinez , CA 94553 '` ` Pik 3:
0
Attn: Debbie Drennan, Planner _� -,r
�. ; �p
RE: MS 55-91
Dear Debbie :
I am writing you a note to advice you of my progress in
the process to satisfy the requests that have been made
for my application of subdivision.
Your last request was to present a preliminary geological
report . The research and report is being conducted by
Joseph J. Ambrosino, R. E.A. from the Geologist offices of
Purcell, Rhoades & Associates , 1041 Hook Ave . , Pleasant
Hill, CA. As soon as this is completed the information
will be forwarded to you.
Thanks for your cooperation.
Yours truly,
Gary laucke
~ Harvey E. Bragdon
Community Contra Director of Community Development
Development Costa
Department
�nCyCounty Administration Building
651 Pine Street
4th Floor, North Wing ,.-=f-'`•o
Martinez, California 94553-0095 �.
Phone:
.a
� 'I
646-2031 -, ... :ate
rrq_cdurz`�"t
February 2, 1993
Gary Klaucke
3520 Morgan Territory Road
Clayton, CA 94517
Dear Mr, Klaucke:
RE: MS 55-91
The Community Development Department is in receipt of your submittal dated received
January 4, 1993. You have indicated that you found "no evidence of unstable soil either in
report form or physical observation on properties on the east down slope of north peak of Mt.
Diablo". No factual evidence has been provided to the Department to confirm your statement.
The County's environmental overlay system indicates that the property has the potential for
landslides. The California Environmental Quality Act requires the Lead Agency to provide
documentation on a factual basis, that the proposed project will not have a significant effect
of the environment. The Department has evidence which indicates the presents of landslides
in the project vicinity, requiring further investigation.
Please provide two copies of a preliminary geologic report prepared by an engineering
geologist based on the latest grading plan including those for building sites and proposed
access.
Your application is deemed incomplete until receipt, review and approval of the requested
geologic report.
Should you have any questions, please do not hesitate to call.
Sincerely,
DEBBIE DRENNAN
Planner
DD/aa
LTRIV/55-91
cc: MS 55-91
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Attn::;::Debbie Drennan Planner
RE: MS 55-91
Dear Debbie:
In response to your letter of November 16, 1992, the following
is my compliance per your requests :
1. Locations of proposed driveways, building site and tree
indications - while we have no immediate plans to build, the
plot-plan has been ungraded to indicate these requests. As
you can see, these..lots. are heavily covered with Oak and. Pine
trees .
2. Locations of proposed tanks and leach fields: have been
added_ to .p.lot plan.
: 3. Locations of-.:proposed water wells have been added to plot
plan.
�:-:
4. . In our research ;fora adjacent area geological,.,-reports ,, . we
find;.no evidence :of unstable -soil either in repor.t.. form or
physicalobservation_- 9.q-properties :on the>, east down slope of
north peak and.'.Mt.. .:Dljolo. .;::However . evidence of„:unstable soil
are reported on properties lying on the east side .of Morgan
Territory road. In light of these conditions, . I 'm asking to
be exempt . from proceeding further with this .study.. .especially
since these parcels are.-.,so densely covered with soil-stablizing
nature growth.
5 . Title Report I've sent a copy of this report previously,
however an additional copy is enclosed.
I 'm hoping these additions will help you in furthering .the
process of our application. If you have any questions, please
feel free to contact me.
Your uly,
Gary 1 e
CommunityCOrltra Harvey E. Bragdon
Director of Community Developmer
Development Costa
Department rI COU
County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095 /<�`•`_ ; °�
Phone:
646-2031 a<
November 16, 1992
Gary Klaucke
3520 Morgan Territory Road
Clayton, CA 94517
Dear Mr. Klaucke:
I have reviewed your response to my August 28, 1992 letter dated received by this office on
November 3, 1992. The items requested in my incomplete letter are required under the
General Plan, Conservation Element - "Agricultural Resources Implementation Measures",
which I have enclosed for your review. In essence, the tentative map must indicate the
proposed driveways, building site, well site, leach field site, and provision for water storage
for fire fighting to adequately assess the subject property's viability for subdivision.
Additionally, Section 94-2.202 of the County Ordinance Code requires the filing of a
preliminary geotechnical report and. the location and species of all trees on the subject
property. You have previously indicated no geologic hazards exists on the property.
However, review of the geologic overlay for the Morgan Territory area indicates the presence
of landslides within the project vicinity. In regards to the trees, you indicate that tree removal
will be kept to a minimum. However, for the Department to adequately assess which trees
are to be preserved, removed and replacement planting for removed trees, the location and
species must be identified.
Please submit the previously requested information as detailed in the attached letter within
45 days, otherwise this item will be scheduled for denial at the next available County Planning
Commission hearing.
Should you have any questions, please do not hesitate to call.
Sincerely,
DEBBIE DRENNAN
Planner
DD/aa
LTRXXIII/55-91 .DD
encl.
cc: MS 55-91
�b
Community Development Dept .
Co. Adm. Bldg.
651 Pine St .
4th F1. Nor. Wing
Martinez, CA 94553
October 30, 1392
Attn: Debbie Drennan, Planner
RE: MS 55-31
Dear Debbie :
y In response to your letter dated August 23, 1992, you
requested information concerning the following items :
1 . Locations of proposed driveways - this property is
being divided for the purpose of distributing it among
family members or to sell at a future date . Adequate
building sites and driveways to accommodate them will
be a future consideration. Additionally, any trees ,
six inches or better, to be removed would be kept at a
bare minimum.
2 , Location of septic tanks - see #1
3 . Location of water wells - one parcel has the capability
of receiving a municipal water source (CCWD) and the other
three will be determined at a future date.
4 . Grading plans for building sites - these plans will
be submitted upon any application for construction if
and when that may occur.
5 . Legal rights - title report - see enclosed.
I hope this is sufficient information to aid you in the
process of administrating our applications .
Yjrl
ly,
i
e
Enc :
Harvey E. Bragdon
Community Contra Director of Community Deve�opment
Development
Department Costa
County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095
Phone:
646-2031 i '<!
�. �
August 28, 1992
Gary Klaucke
5520 Morgan Territory Road
Clayton, CA 94510
Dear Mr. Klaucke:
RE: MS 55-91
The Community Development Department is in receipt of your revised map dated received
August 13, 1992. Prior to further processing your map the following information is required.
1 . The location of proposed driveways, adequate building site areas and trees larger than
six-inches which will require removal for installation of improvements.
2. Location of septic tanks and leach fields in accordance with County Health Department
standards.
3. Location of water well having a minimum yield of 3-gallons per minute with bacterial
and chemical quality in compliance with the State standards.for•a pure wholesome and
potable water supply.
4. Two copies of a preliminary geologic report prepared by an engineering geologist based
on the latest grading plan including those for building sites and proposed access needs.
5. Title Report verifying the legal right to use Oak Hill Road as access for the proposed
subdivision.
Please provide the requested information as soon as possible to avoid further delays in
processing your appreciation.
Should you have any questions please do not hesitate to call.
Sincerely,
Debbie Drennan
Planner
DD/sj
LTRXXXVI II/KLAUCKE.DD
' Harvey E. Bragdon
Community Contra Director of Community Developmen
Development Costa
Department County
County Administration Building
651 Pine Street
4th Floor, North Wing c
Martinez, California 94553.0095
Phone:
1 646-2031
\SrA-------'fes
i
January 29, 1992
Gary & Sharon Klaucke
3520 Morgan Territory Road
Clayton, CA 94517
Dear Mr. & Mrs. Klaucke:
RE: County File #MS 55-91
Your file has been reviewed by the Community Development Department for completeness.
Upon my review of the file the tentative map was not present. Please file a tentative map
with this office meeting the requirements of County Ordinance Code 94-2. I have attached
I a copy for your review. Upon submittal of your map additional information may be required
to further evaluate this subdivision.
Please submit the requested information as soon as possible, to avoid further delays in
processing your application. Your application is deemed incomplete until information
requested has been reviewed and determined complete by the County.
Should you have any questions, please do not hesitate to call.
Sincerely,
DEBBIE DRENNAN
Planner
DD/aa
LTRI/55-92.DD
cc: MS 55-91
Mary Fleming
Public Works - Road Engineering
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