HomeMy WebLinkAboutMINUTES - 01141997 - D7 D• 7 .......
'i Contra
Costa
TO: BOARD OF SUPERVISORS °; '!"°" '� o County
®e„
�4
FROM: HARVEY E. BRAGDON ~
DIRECTOR- OF COMMUNITY DEVELOPMENT oosTa'covK'�
DATE: January 8, 1997
SUBJECT: REQUEST BY GREG & SANDRA MOORE TO ESTABLISH A RESIDENTIAL BUILDING SITE
WITHIN A HILLSIDE AREA ON WHICH THE DEVELOPMENT RIGHTS ARE HELD BY THE
COUNTY AT 7400 JOHNSTON ROAD IN THE TASSAJARA AREA. (File #ZI967624)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Approve Option A.
OPTIONS
Option A - Disapprove the Current Proposal, but Allow the Owners to
file a Modified Proposal .
1 . The current proposal to provide a residential development site
within the area of the dedication of development rights on
Parcel C of MS 46-78 is disapproved.
2 . The property owner may file a modified proposal minimally
consisting of the following:
A. An application to modify MS 46-78 to allow for
consideration of possible re-configuration of the
existing area of dedicated development rights to exclude
the proposed building site.
B. An application for small lot review including residential
floor plans -and elevations of the proposed residence:
CONTINUED ON ATTACHMENT: X YES SIGNATURE� U1
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM---!TEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON January 14, 1997 APPROVED AS RECOMMENDED OTHER x
See Addendum 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: Bob Drake (335-1214)
Orig: Community Development Department ATTESTED January 14, 1997
CC: Greg & Sandra Moore PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
COUN ADMINISTRATOR
BY v DEPUTY
c:\wpdoc\zi967624 .bo
RD\
Proposed Moore Residential Site
Tassajara Area
C. Applications shall be accompanied by information required
by the Rural Residential policies of the Conservation
Element of the General Plan; a geotechnical report
prepared by a soils engineer which identifies any
unstable soils and landslides on the site.
D. A waiver of the time limit in the 1982 Grant Deed of
Development Rights for the County to act on the modified
application.
3 . Review of the the two development permit applications are
concurrently reviewed and subject to a noticed public hearing
and decided by the Zoning Administrator, unless an appealed,
in which case the standard Planning Agency appeal review
process would apply.
4 . Staff is authorized to take appropriate enforcement action to
remove the mobilehome from the site.
Option B - Disapprove the Re est
1 . The current proposal to provide a residential development site
within the area of the dedication of development rights on
Parcel C of MS 46-78 is disapproved and authorize the Zoning
Administrator to administratively disapprove any similar
proposal for the next two years .
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
This 5-acre property is located near the eastern end of Johnston
Road in the Tassajara area. It contains an open horse arena and
barn.
Subdivision
The origins of the subject property stem from a minor subdivision
that was approved by the Board of Supervisors in 1979 . The County
conditionally approved Minor Subdivision 46-78 which allowed the
division of approximately 28 acres into four parcels . The subject
property is Parcel "C" of that subdivision. The approval specified
that the applicant would be required to dedicate to the County a
grant deed of development rights (sometimes called a "scenic
easement") for the hillside and ridgeline portion of the property,
and to preclude more than one single family residence on each of
the four parcels .
The record is not entirely clear as to the reason for this
restriction. However, it appears that the restriction was prompted
by two factors . First, there was a soils report prepared that
analyzed the site and identified existing landslides and other
indications of soil instability and possible building sites .
Second, it appears that there was concern that unless restricted,
development might not be visually compatible with the area. In the
latter instance, the approval was conditioned to prohibit any
development on the higher elevations of the site (generally the
southern half) .
Litigation Following Subdivision Approval by Applicants
-2-
Proposed Moore Residential Site
Tassajara Area
Following the conditional approval, the applicants at the time
(McDonald and Duggin) filed a court challenge the requirement to
dedicate a grant deed of development rights over a part of the
property and other subdivision approval requirements, and proved
successful in the Superior Court . In 1980, the Court partially
repealed the development rights dedication requirement (the Court
deleted a requirement to dedicate development rights above the 900
foot elevation) . However, ;the Court did allowed to stand the
dedication requirement as pertains to landslide areas identified in
the 1978 Kleinfelder soils report, and to require a dedication to
restrict development on each site to a maximum of one residence.
Dedication
Prior to filing a parcel map, the applicants at the time (McDonald
and Duggin) dedicated a grant deed of development rights over
portions of each parcel, including the subject parcel . The
dedication limits development within a defined geographic area
roughly corresponding to the delineated area identified as within
a landslide area on the Kleinfelder soils report . Relative to .
Parcel C, the dedication affects primarily the southern half of the
site, which happens to be the highest in elevation. The northern
half of the site (approximately three acres) lies outside of the
area affected by the dedication of development rights .
The dedication also limits development of the entire site to no
more than one single family residence.
1985 Land Use Permit for a Caretaker Mobilehome
In 1985, the property was sold to another party, Carre, who applied
for and obtained a land use permit to place a mobilehome for
occupancy by a caretaker. The caretaker was intended to take care
of thoroughbred show horses. The mobilehome was approved for a two
year period, with a possible two-year extension if requested. It
is staff s understanding that the mobilehome was placed on and
remains on the property, though no extension or renewal request of
the land use permit has been filed with the County. The mobilehome
permit would have expired by May 21, 1987 .
PROPOSAL
On November 21, 1996, the current owners of Parcel C, Greg & Sandra
Moore, filed a request to allow for the establishment of a
residential building site on a hillside within the defined area
where grant deed of development rights are held by the County. The
proposed building site has a slope of approximately 18% .
GENERAL INFORMATION
General Plan: Agricultural Lands; the site also lies outside
the Urban Limit Line.
Zoning: Exclusive Agricultural District, A-20 .
Deadline for Rendering a Decision
The dedication instrument that was filed at the time of the
establishment of the subdivision allows the County sixty days to
decide whether or not to render a decision on a request to develop
within the area where development rights are held by the County.
If the County fails to act within that timeframe, , then the
dedication specifies that the request is automatically approved.
-3-
Proposed Moore Residential Site
Tassajara Area
This request was filed on November 21, 1996 . Therefore, the County
has until January 20, 1996 (or, for the Board, effectively January
14, 1997) to render a disapproval decision.
Small Lot Review
Around 1992, the County modified the small lot occupany review
ordinance which would require that there be review and public
notice of a proposed residential development on legal lots that are
substandard in size before a building permit could be issued. The
purpose of this review is to determine whether the project would
have impacts on and be compatible with the surrounding area.
This site is zoned Exclusive Agricultural, A-20 (min. parcel size
of 20 acres) . Because the site is only 5 acres in size, the small
lot ordinance will require that the applicant apply for and obtain
a development plan approval . In addition to a site plan, such a
review would also require provision of residential floor plans and
elevations . No such review has been applied for to date, however
one would need to be done before the County could issue a building
permit . Minimally, the review would require notice of the owners
within 300 feet of the site to provide them with the opportunity to
request a hearing.
If the Board were to grant some form of approval of this request,
then the applicant would still have to file for a small lot review
before the County could issue a building permit .
Concurrent Variance
It should be noted that the Moores have concurrently filed a
variance application to replace an existing barn with a new and
larger barn which would encroach within the required sideyard area
(County File #VR961052) . The proposed barn is not within the area
of the dedicated development rights and therefore is being
processed separately.
DISCUSSION
Concerns
Staff has several concerns with the proposal .
• Hazards Associated with Documented Landslide - The submitted
site plan contains no information about existing landslides.
The site appears to lie on or within one of the slides
identified in the 1978 Kleinfelder soils report. The proposed
building site may prove to be impossible or highly costly to
develop and pose unacceptable risks to future occupants .
• Need Standard Information for Evaluating Feasibility of the
Site - The site plan does not contain other information
(Conservation Element Rural Residential policies) which the
County typically considers prior to approval of subdivision
applications (e.g. , leachfield location, driveway location,
water tanks, etc . ) .
• Removal of the Mobilehome - It is staff ' s understanding that
the site continues to be occupied by a caretaker mobilehome
the permit for which expired several years ago. The
mobilehome 'should have been removed (or application filed for
renewal of the land use permit) several years ago.
Further, if the proposed residence were allowed on the site,
the mobilehome would have to be removed in order to comply
-4-
Proposed Moore Residential Site
Tassajara Area
with the restriction in the grant deed of development rights
that limits the site to a single family residence.
• Risk of Undesirable Approval by Failure to Act within Time
Limits of Grant Deed - The County may be inclined to allow for
consideration of a building site within the restricted area
but feel inhibited because failure to act in a timely manner
may result in an automatic approval . Any (existing or future)
proposal to consider development within the area of dedicated
development rights must be acted on within sixty days or the
applicant obtains the right to build on the proposed site.
Recommended Approach
Based on the above considerations, staff would be willing to
support the possibility of allowing the proposed building site
subject to the following conditions:
• The Board denies the current request (stopping the current
restrictions from forcing an automatic approval) .
• The Moores file a new request with the County to establish a
building site at the proposed site; and it is accompanied by
standard information which the County presently requires in
reviewing proposed building sites in rural areas; the
application includes a request to modify the grant deed
instrument, and a waiver of the time limits for the County
acting on the proposal;
• The request is accompanied by a report of a geotechnical
engineer assessing the feasibility of the proposed
development, and that such report is reviewed by the County
Geologist for adequacy;
• The Moores concurrently file (1) a small lot development plan
application for the proposed residence, and (2) an application
to modify the requirements of MS 46-78 which to allow
development within a portion of the area where development
rights are held by the County; the requests on the small lot
review and placement of a residence within the area of
restricted development rights would be decided by the Zoning
Administrator, or if appealed, in the standard Planning Agency
process; and
• The Board authorizes staff to take appropriate enforcement
action on the existing mobilehome.
ALTERNATIVE ACTION
If the applicant is unwilling to agree to this approach, then the
request should be denied without any recourse to the applicant for
development .
-5-
ADDENDUM TO ITEM D. 7
January 14, 1997
On this date the Board considered staff recommendations on a
request filed by Greg and Sandra Moore to establish a residential
building site within an area in which the County possesses
development rights, 7400 Johnston Road, Tassajara area.
Dennis Barry, Community Development Department, presented
the staff report on the request and presented the options
available for action by the Board of Supervisors .
The Board discussed issues with staff including the mobile
home and development rights held by the County.
The following person presented testimony:
Greg Moore, 20 Nadine Place, Danville, applicant, requested
more time to respond to the documents before the Board today.
Supervisor Uilkema requested clarification on the deadline
for the Board to act before the request was automatically
approved.
Mr. Barry responded that the deadline was January 20, 1997,
correcting the date specified in the staff report .
Victor Westman, County Counsel, suggested that the Board
deny the request today but set the matter for reconsideration
next Tuesday.
. The Board discussed the requested action.
Supervisor Uilkema suggested that the reconsideration be
fixed for. January 28, 1997 .
Mr. Barry clarified that it would be set for 2 P.M. in the
Board chambers .
Supervisor Gerber moved to deny the request and schedule the
reconsideration in two weeks in the Board chambers at 2 P.M.
IT IS BY THE BOARD ORDERED that the request of Greg and
Sandra Moore to establish a residential building site within an
area in which the County possesses development rights, 7400
Johnston Road, Tassajara area, is DENIED; and Tuesday, January
28, 1997, at 2 P.M. is FIXED for the Board of Supervisors to
reconsider its decision on this matter.
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42
In the Board of Supervisors
of
arc Costa County, States of Californi
JUL 8 1950 � r=✓
COUNTS _ r. ` July 1 19 80
F
pal
In the Mow of
Decision on Conditions of t� '
Approval and Final Lot :
for Minor Shdivisio46-78. ij
Tassaj arm
The Board on June 24, 2980 having conducted a public hearing
and deferred decision to this date on the conditions of approval and
the final alignment of lot lines to be imposed on the application of
Dennis McDonald and Daniel Duggan for,Minor_Subdivision 46-78 in the
a;
A. A. Dehaesus, Director of ;Planning, having submitted a
July 1, 1980 memorandum .(at the 'request of the Board) responding to
the applicants' objections to .certain ,proposed conditions of approval;
and
Harvey Bragdon, Assistant Director of Planning, having
commented on the proposed conditions for a four-lot subdivision, and
having advised that stuff recommends that the 900-foot height
restriction be retained, that Conditions Nos. 6 and 7 relating to a
soils engineer report be deleted. that Condition No. 12 be amended
toprovide for a 16-foot all-weathered gravel road to serve Parcele
"C" and "D" and a graveled hammerhead turnaround area, that
Condition No. 14 pertaining to dedication of land for future road
purposes be retained. and that original Condition No . 15 requiring
paving of access driveways over 13 percent in grade be imposed; and
Supervisor F. H. Hasseltine having. concurred with staff' s
recommendations, and having recommended that Minor Subdivision No.
46-78 be approved for four lots subject to conditions and final
alignment of lot line:; as set forth in Exhibit B attached hereto
and by reference made U part hereof;
IT IS BY THF. BOARD ORDERED that the recommendauiorl of
_ Supervisor 11assE'_tine is APPROVED. g(�
0 )-�g 7�%
PASSED by Clip Board on July 1, 1960 . I
JUL 10 19W
CONCORD
Approval and Final Lot �- z
for Minor Shdivisio 46 _ ' _ 4
t. - - - - _
T8888j8ra
The Board on June 24. 1980 having conducted a public hearing
and deferred decision to this data on the conditions of approval and
the final alignment of lot lines to be imposed on the application of.
Dennis McDonald and Daniel Duggan for Minor Subdivision 46-78 in the
a;
A. A. Detlaesus. Director of Planning, having submitted a
July 1. 1980 memorandum (at the request of the Board) responding to
the applicants' objections to.;certain,proposed conditions of approval.;
and 5
Harvey Bragdon. Assistant: Director of Planning, having
commented on the proposed conditions for a four-lot subdivision, and
havi:ig advised that staff recommends that the 900-foot height
restriction be retained, that Conditions Nos. 6 and 7 relating to a
soils engineer report he deleted. that Condition No. 12 be amended
to provide for a 16-foot all-weathered gravel road to serve Parcele
"C" and "D" and a graveled ha=erhead turnaround area, that
Condition No. 14 pertnLning to dedication of land for future road
purposes be retained. and that original Condition No. 1.5 requiring
paving of access driveways ovar 13 percent in grade be imposed; and
Supervisor M. H. Hasseltine having concurred: with staff's
recommendations. and having :recommended that Minor Subdivision No.
46-78 be approved. for four lotil`, sub j act to. conditions and final
alignment of lot linea as setforth in Exhibit B attached hereto
and by reference made a part,. hereof;
IT IS BY THE. BOARD ORDERED that the recommendation of
Supervisor Hasseltine is APPROVED. gTfgW%
PASSED by the Board on July 1, 1980.
JUL 10 M
D
CONCORD
ENVIRONMENTAL. HEALTH
1 hereby certify that the foregoing is a true and correct copy of an order cnl"ed on the
minutes of said Boord of Superviwrs cn the dote oforesoid.
Wane= my fidand th.: scat of Ifio [bard of
Supervison
CC : TIcDonald & Duggan affixed this let day of July 1980
Isakson & Associates , Inc.
John E. Waltz
Director of Planning
public Works Director gy -ra- �- _, f,r.F,t,ry Clark
County Counsel
'.ounty Health l:. ,) .t.L,trient 01/ Vera Nelsen
CONDIMNS F'OR APMtOVAL OF MINOR SUINlMMON 46-7E
1. This regi" is approved for four (4)parcels. wihstantinlly in conformance with
the Staff Study datt.414-340.:.The following conditions require compliance prior
• to filing the Parcel Map unless othe rwlse Indicated.
A01,:_
:
2; Applicant shall dedicate development rights to the County for: 1) more than
one single family residence on each parcel; 2) above the 9W contour on each
Parcel; and 3) over the Identified landslide areas (geotechnical report by Klein
Felder dt AssoclatM Sept r>rt w 21, 1973).
3. The applicant shall pay $1200 for park dedication fee.
4. C imply with that requlrem+e s of the Tassajara County Fire District.
• 3. Comply with the: requirements of the Contra Costa County Building Inspection
Departtne nt.
6. The applicant shall submit grading plans for review and approval of the Planning
Department prior to Issuance of grading permits.
7. The applicant shall submit a sol! reconnaissance: report for review and approval
of the Planning Department.;:: '
;., This m divislon Wt viii approved subject too the applicant
obtaining accessary appco County Health Department for the
utilization of Individual sewge disposal on each parcel.
9. The applicant shall dema><stcate that water is available to the subject property
from eithen ..'1) public rvaW:supply; or 2) one well per Wt which meets the
following capacity requireiv ehts to be verified through the Health Department:
s (a) one gallon a minute: pumped continuously for 4 hours with 1,040 gallon
storage; or (b) 3 gallons a minute pumped continuously for 4 hours with 500
gallons storage; or (c) 3 gallons a minute pumped continuously for 4 hours Eno
storages required).
10. The 25, easement serving Parcels "C" grid "D" shall be developed as a 16-foot
all-weather gravel road. A hammerhead turnaround area, also developed as a
16-foot all-weather gravel road, shall be establisher! at the terminus of thr
easement. ,
11. It archaeologic materials are uncovered during site preparation, gradin,,
trcoching or other on-site excavation, earthwork within 30 meters 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 measures, if they are deemed neces-
sary.
12. Comply with the requirements of the County Public Works Department as
• MS 46-78 d 'fit
t
outlined in their memo dated 3-3-78 and attached hereto.
13. Access to Parcel "A" shall be by means of a 201 non-exclusive easement locatea
• across Parcel "B". All portions of the access driveway exceeding i 3% slope
shall be'paved to a width of 121. The access driveway shall exceed a maximum
slope of 20%. .`
The following statements are clot'condhlons of approval. However, you sl aid be
aware of them prly to requesting building permits on the parcels of this minor
I subdivision.
A. The developer shall comply with the San Ramon Valley Unified Sc',,oul
District policy as it relates to contribution of fund, i;,r the developm...�: •}�
school facilities wlthin the District. (The San Rac.ion Valley Unified Schkh)!
District's Developer's Policy).
• KGtlsw 7-2-80
L,ns i i +x.r t • �+ x ;F.' I8VA42 aRLILi
0W FOS Q STAMP(MLY)
,► � iii///aaa
sit �ti1.r ai•,AITOIMIM AT RAMI
t• '�P.NfM.R�1 ii r � �J � O
a
4 ` SEP 17 1980
b Auornays far petitioners I..,OLSSON,CoArtay Verk
CO?tftt.1 CU
SI'A COUNTY
61
P"_ ■
� •, 1.
7_: +
$ '` SUPERIOR;`COURT OF CALIFORNIA, COUNTY OF -CONTRA COSTA
' 9 DENNIS D. McDONALD and
DANIEL A. DUGGAN, JR. ,
10 No. 194G81
�
* Petitioners,
'L n_ JUDGMENT AND ORDER
fir...,.
VS
321
COUNTY OF CONTRA COSTA, et •al. ,
k Respondents '.
.� 14 ':
15 1 •`
161 The above entitled cause came on regularly for hearing on
t r
3.7 September 4 , 1980, in Department 7 of the above entitled court,
3,8; the Honorable' Martin E.. Rothexerg presiding, Dennis D. McDonald
19 and Daniel A. Duggan, Jr. appearing on behalf of petitioners and
20 victor J. Westman, Assistant County Counsel, appeared on behalf of
z 21 the respondents.
F 22 Evidence, both oral and documentary , was introduced cn
23 behalf of the respective parties .and the cause was argued and sub-
24 mitted for decision. The court having considered the arguments of
25 counsel, and being fully advised, makes the following judgment and
26 order:
27 IT IS HEREBY ORDERED, •AJUDI-CATED AND DECREED that the
28 conditions- for approval of minor subdivision 46-78Vbe mo Pied in
{ ''•, 1.' •. '.� }i1f
1
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fo
..� 34 •• ate 7}.; rt .on}of Condition:-Nob 2 whereby, the applicants
t 6 dedicate -the.d" apmeAtal rights to the
. . l x} :�si.• •►'' t r' .•. styt .i y'at:t� -t..K:i �,
f bOtittt�j};abO1tA the 94Q rfOQt:. Ct�ntdur b aCh•parcel i9} deleted.
■ vti. ?'_. .ems. "'`..,o, f,.,...-
Thg po�ction.o�ftCondition Nq��„2„regmtring the applicants
comp .yJohnston-Rroad exteriaion dedication recui re--
..
7 i=At of tha.Countys Publim',Works Department as outlined in its
. ay 5, 197 me�eo,tip: , .pa gxaph conditions A.,r 8.,R.
&
k4j. r .1 �r }
`thereoty is�a3slot+ed. - In'its plaaa`�;tbs.:applicants ora► hereby'
dedicate as portion of their- property .asoutlined in
bait tt� rtio 'a "a.10:1 h access'•.+easement, contained
on both they applioanta� propertyr an on the.:adiacent property.
.�..
,;- pro'Visinn of the.,��id;60..foot'..accers easement- serving Parcels
24 "C" and OD" shall satisgp Condi.ti on of:Approval. No. 10 t s t formerly .�
1.5-` aumbe. d "12"y 25`foot easem"t arca � icatit�n requirement.
F.y �r
to lieiog°Gonc'�3,tion No '`13.° all. dtveway4 are to avoid
a
17 Adentified lanclalide areas and-follow the natural contours of
'c.
18 _14S 46-7819 yards closely, as P02-a'ible to be appzaved by the
19 Planning Department and paved wherever they exceed a 13-1 slope '
20
21 Dated: . < •-C�
22
23
24 :MARYIN .E. ROTH E,:t 4,:)
25 Ju ge i artin .E. P..ol he Marg
C
2E
27 APPROVED AS TO L'OR`I:
28 i JO" B. CLAUSEIJ'
29 County Counsel
30
31 VICTOR J. W€S i MAN
32 nv
V.: 7 J. �'i8 atTil3Zi
33 As. -s tan t County Counsel
34
35
30 -2-
rr;.;L
WOW at vie Request oh Jff 1 � 11 ,�(
� ^ OF
I�'i!O ti CUNTRA.COSTA Cd1RTY r ^n Me QQT u
1 b t« PROD.'PLAR.'b SPEC.PROJ ) A gM
PUBLIC WORKS DEPT. I
t/'
! 151982
Ri:'i'.; _ .�ufXNS.T`c6�n-_. 4` RECORDS SECTION
(:^ i + _.5�.6v<<'c_¢T�M3:_ 63 GRANT DEED AT aocK M.
2u�--• U6o - UZ3 XNTRA COF COUNTY RECORDS
J. R. OLSSOt�
41 C FEES RECOiZD1�1•F L
- � FEE+ V s
o meet condition number 2 of Minor Subdivision-number M.S. 46-78, we,
G�o/ Dennis D. McDonald, Daniel A. Duggan, Jr., and Montebello Capital Cor-
ll poration (owners). hereby grant to the"County of Contra Costa, a govern-
mental subdivisionof the State of California, Grantee, and its govern- C>1
mental successor or successors, the future "development rights", as defined
/U herein below over those portions of that real property described in the ,Co
v r attached Exhibits A and B.
"Development Rights" are defined to mean and refer to the right to approve
tttJJJ or disapprove of any proposed construction, development.or improvement
within the areas marked "Development Rights Deeded to Contra Costa County".
C The "development rights" are and shall be a form of negative easement which
shall run with the said property and shall bind the current owner and any
future owners of all or any portion of said property. In the event of a
disapproval of proposed construction by the Grantee or its successor said
proposed construction shall not be performed. Grantee or its successor
may condition its approval of any proposed construction upon prior or sub-
sequent performance of such conditions as Grantee may deem appropriate.
Any owner or owners of all or any portion of said property desiring to
develop any improvement requiring the approval of Grantee or its successor
I herein shall submit,to such entity a written proposal describing the nature,
extent and location of such. improvement. Grantee or its successor shall
have sixty (60) days from receipt of such proposal in•which to grant its
approval or disapproval.. Failure by Grantee or its successor to respond
in said time period shall be equivalent to the approval of such proposal.
.. G
Dennis D. McDonald Daniel A. Duggan,
Y"
Montebello Capital Co tion
Datedi cwv�rZ 16 'l 8 State of 1
Califoon County Of ame a on this
i Ifo , day of Q - 1 the
N, { year , befog te,
r a notary
puTTTc in an or sa oouty and State
( per ovally appeal°dd _ A4
nown to me t— ooe-
t e person es sen are subscribed to
the foregoing statement, and acknowledged
to me that they executed the same.
otary public In and fort e
MW M. =Rn County of Alameda, State of
t, .M
wrmyPUBLIC __ California.
}MY COMMISSION DIMS WL td,I==
(Corporation)
0855r.���Sip
( STATE OF CALIFORNIA
f COUNTY OF 58nta Cruz fig.
June 24, 1982
I On before me,the undersigned,a Notary Public in and for said
State,personally appeared Martin H._F},accaclio
wknown to me to he the President,and ZiFftL
k, i known to me to be Secretary of the corporation that executed the within Instrument,
tr known to me to he the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its bydawa or a revolution of its board
of directors.
WITNESS my hand a t sea). OFFlCIAL SEAL
1$' ' � MARSHA IC-CALIFORNIA ROSS!
Signal �1.� NOTARY FDA'FIL
• IN SANTA CAUL COUNTY
Marsha A. Rossi MYCemmnuasEstMr«ow.».tags
—..._
- -
Name (Typed or printed)
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1
44
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EXHIBIT A
Portions of that parcel of land designated on that certain Record of
Survey filed in the Office of the Recorder of Contra Costa County on
March,8, 1977, in Book 62 of Licensed Surveyors Maps at Page 9, described
in the following parcels. --
PARCEL 1
Commencing at the northwest corner of said Record of Survey (62 LSM 9);
thence from said point of commencement South 45022'22" East, 118.32 feet
to the true point of beginning; thence from said true point of beginning
the following courses: South 51030'00" East,,225.00 feet; South 22°00'00" _...
East, 170.00 feet; South W00'0011 West, 80.00 feet; North 58°00'00"
West, 205.00 feet; North 11007132" West, 198.64 feet; and North 37°00'00"
East, 90.00 feet to the true point of beginning.
Containing an area of 57,290 square feet of land, more or less.
PARCEL 2
Commencing at the southwest corner of said Record of Survey (62 LSM 9);
thence from said point of commencement along the southern line of said
Record of Survey (62 LSM 9) South 89°45132" East, 756.82 feet to the
true point of beginning; thence from said true point of beginning leaving
said southern line the following courses: North 51000100" West; 280.00
- feet; South 46000'00"West, 150.00 feet; North 12°30100" West, 90.00
feet; North 23000'00" East, 60.00 feet; North 58030'00" East 180.00
feet; North 27000100" East, 120.00 feet; South 88000100" East, 200.00
feet; South 53000'00" East, 150.00 feet; South 31030100" East. 245.00
feet; and South 56000'38" West, 197.92 feet to a point on said
southern line; thence along said southern line North 89045'32" West,
170.00 feet to the true point of beginning.
Containing an area of 174,171 square feet of land, more or less.
PARCEL 3
Commencing at the southeast corner of said Record of Survey. (62 LSM 9);
thence from said point of commencement along the eastern line of said
Record of Survey (62 LSM 9) North 3056113" West. 235.00 feet to the true
point of beginning; thence heaving said eastern tine the following courses:
South 4903010011 West, 90.00 feet; North 50°00'00" West, 180.00 feet;
North 7000100" West, 195.00 feet; North 45000100" East, 80:00 feet;""Wrth
870001001" East, 120.00 feet; and South 12057147" East, 204.12 feet to a
- point on said eastern line; thence along said eastern tine South 3056113"
East, 115.00 feet to the true point of beginning.
Containing an area of 61,680 square feet of land, more or less.
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFVHPIIA
Adopted this Order on July 13 198 _ by the follovrinp`yeti:
AYES: SupervisorsPower%, Fanden,.Schroder, Torlakson., McP.eak,.
NOES: None.
ABSENT: Nano,
ABSTAIN: None.
5
SUBJECT: Authorizing Acceptance of Instrument(s).
IT IS BY THE BOARD ORDERED that the following Instrument(s) (1s/are)
hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Grant Deed of MS 46-78 Dennis D. McDonald, Tassajara
Development Rights et al.
t hereto e+ert�ry th st tlue h e we eM eoneat eN1►M
an esgof taken Ile aM$,nd�.M_ N 1M
Heard of Wpervleor}.U4^ 1
ATTAITQOt
J.R.OLOSON,COUNTY CLlftK
and ex eflolo Clark of the Bard
J
By ,Deputy
Diane M.Hormar►
0/'14
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Orls t Publ lc Works (LD)
�s oo: •carder (via LD) then PW Records
Director of Plan0ing
'. . ' END OF IDOCUMENT
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CONTRA COSTA COUNTY .
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COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Emil & Cate Carre APPLICATION N0. 2059-85(A)-
6475 Camino Tassajara
Pleasanton, CA 94566 ASSESSOR'S PARCEL NO. 204-170-003
OWNER. same as above ZONING DISTRICT: A-2
EFFECTIVE DATE: May 21, 1985
This matter not having been appealed within the time. prescribed by law, a permit for
temporary caretaker mobile home,
is hereby granted; subject to the attached conditions.
ANTHO4 A. DEHAE S
Dir d r of m ity velopment
gy: r;
ey EVE don,Acting Zoning Administrator
Unless otherwise provided, THIS PERMIT WILL EXPIRE ONR frim he effective date,
if the use allowed by this permit is not established within that time.
PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office.
CONDITIONS OF,APPROVAL FOR CARETAKER MOBILE HOME - LUP #2059-85(A)
1. The permit is granted to Emil and Cate Carre and is not transferable.
2. The permit is granted for the use of a mobile home for a caretaker only. The
occupant of the mobile home shall be primarily employed as a caretaker of the
subject property and shall be present on the site most hours of the day.
3. The mobile home shall be removed from the.premises when itis no longer needed for
the above use.
4. The. mobile home shall contain not less than 220 square feet of floor area as defined
by the Health and Safety Code.
5. The mobile home shall be placed on the property generally as indicated on the plot
pian submitted with the application. The sideyard shall be a minimum of 20 feet
from the property line.
6. The applicant shall obtain the necessary utility permits and comply with the
requirements of the Contra Costa County Health Department and Building Inspection
Departm ent.
7. The mobile home shall have a smoke/fire alarm system installed which shall also
sound in t2ie main residence after it is constructed.
8. This permit is approved for two years at which time applicant may apply for a
renewal for an additional two years.
9. State requirements on weed abatement to be met by owners, including clearance. of
30 feet around residence and 10 feet along property lines, 'in accordance with require-
ments of the Tassajara Fire Protection District.
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`30 I PCEASANTON 6.6 Ml, - !04
)POGRAPHIC BASE MAP BY U.S.GEbLOGICAL SURVEY
November 21, 1996
Gregory & Sandra Moore
20 Nadine Place
Danville, CA 94526
County Of Contra Costa
Attn: Planning Department
651 Pine North
Martinez, CA 94553-1352
Re: Development Rights as recorded on April 24, .1981 in
Grant deed to subdivision MS. 46-78 Parcel C
7400 Johnston Road, Pleasanton, CA
Dear Planning Department:
Greg and Sandra Moore are requesting to build in the area
deeded Development Rights to the County of Contra Costa dated,
April 24, 1981. Our request is to build approximately a 4500
square foot two story Mediterranean Style Stucco,- which will
be built to blend in with the .natural surrounding environment
in the requested building envelope.
Enclosed are pictures of the surrounding hills from the
proposed building site. As we have checked with our neighbors
this building siteis not a problem to teem. Also enclosed is
a copy of Parcel Map 62LSM9 showing the neighbors two-story
garage and barn in the area as destinated as deeded area of
Development Rights .
If you have any further questions regarding this proposal
please contact Greg or Sandra at 510-272-0218 days, or evenings
at 510-820-1378.
We would appreciate your quick response to this matter .
i ely.. .
g Moore
attac nts