HomeMy WebLinkAboutMINUTES - 01112000 - D3 r
TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP � " Costa
COMMUNITY DEVELOPMENT DIRECTOR 4 -t County
DATE: January 11, 2000
SUBJECT: Hearing on the Appeal of the County Planning Commission's approval to
subdivide a 52.36 acre parcel into four(4) lots. Subject property is located at#168
Valley Hill Road in the Moraga area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REC+DMM N ATIQNS
1. Adopt the Negative Declaration Determination as adequate and consistent with the State CEQA
guidelines and County CEQA guidelines;
2. Uphold the County Planning Commission's decision to approve MS 900185 and deny the appeal;
w
CONTINUED ON ATTACHMENT: X YES SIGNATURE �Lw
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED x OTHER x
SEE ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT_ CORRECT COPY OF AN ACTION TAKEN AND
AYES:II,IV, V NOES: III ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT:_I______ABSTAIN: non SUPERVISORS ON THE DATE SHOWN
Contact: Rase Marie Pietras(525-335-1216) ATTESTED January 11, 2000
CC; Eric Hasseltine PHIL BATCHELOR, CLERK OF THE BOARD OF
Stuart Safine SUPERVISORS AND COUNTY ADMININISTRATOR
Public Works
Environmental Health
BY , DEPUTY
Dale: January 11,20001
Board of Supervisors `
1 File#MS900185
Page 2
3, Amend Growth Management Finding#2 and Condition#22 as recommended by staff; and
4. Adopt the finding that MS900185 is consistent with the County General Plan and the Subdivision
Map Act.
FISCAL IMPACT
None
ALTERNATIVE BOARD ACTION
Listed below is an alternative action the Board could take on this appeal.
Deny the Project
A. Declare the Board's intent to approve the appellant's appeal and deny the County
Planning Commission's approval of MS900185.
B. Direct staff to prepare findings for Board adoption and final Board action on the
appeal.
BACKGROUND
On October 26, 1999, the County Planning Commission unanimously approved by consent
MS900185. A copy of the October 26, 1999 staff report prepared for the County Planning
Commission's hearing is attached. The appellant, Mrs. Turre, was present at the public
hearing and did not voice her objection.
On November 2, 1999, the Community Development Department received an appeal signed by the
applicant's neighbor Carmen Turre and her legal counsel, Mr. Stuart Safine. Mrs. Carmen Turre's
appeal is based on the approval of MS900185 by the County Planning Commission (a copy of the
letter is attached).
APPEAL POINTS
Appeal Point#1:
The appellant states that she was prohibited from testifying at the County Planning Commission public
hearing.
Date: January 11,2000
Board of Supervisors
File#MS900185
Page 3
Staff's Response
The applicant, Mrs. Turre and Community Development staff discussed the project prior to the
beginning of the meeting. Mrs. Turre was informed that the applicant requested the item be placed on
the consent calendar. When the meeting began, Mrs. Turre was immediately advised that if she wished
to object to the placement of the item on the consent calendar or to present any testimony regarding
the project, she must enter the Chambers. The item was announced and the Commission Chair asked
for any objections. The applicant immediately advised Mrs. Turre that she must speak now if that was
her wish. She remained silent and the subdivision was approved on consent.
Apaeal Point#2
Carmen Turre is the owner of a floating easement over the entire property for which this subdivision is
proposed (168 Valley Hill Road in Moraga). Mrs. Turre's floating easement allows her, pursuant to
an order of the Contra Costa Superior Court, and a recordation thereof, to drill and remove water
from the subject property at a mutually agreeable location on the subject property in good faith by
both parties. The granting of this subdivision ignores the rights of Mrs. Turre.
Staff's Response
Mrs. Turre has water rights entitling her to the first 2000 gallons per day of spring and/or well water
from the subject property. Her water normally comes from two springs. In 1991, the Turre's drilled a
well on the property to supplement the springs during drought periods. Should the springs and the
present well fail to produce 2000 gallons a day, Mrs. Turre has the right to drill another well on the
property. There are six families receiving water from this property, including Mrs. Turre. Geologic
and hydrologic data has been submitted which delineates the location of a large underground rock
basin which is the source of the high quality well water for the two existing wells and the well which is
about to be activated. The remaining well, for which there are no plans for use, has been shown to
draw water from a different, lower quality aquifer. The conclusion offered by the hydrologist
investigating the site is that the proposed subdivision does not conflict with or jeopardize Mrs. Turre's
rights for the following reasons.
• Hydrology tests indicate that there is enough water for 14-20 families at normal use rates. The test
results take into consideration the allotment of 2000 gpd committed to Mrs. Turre.
• The proposed units are in an area not immediately accessible to the main aquifer, which feeds the
operating wells and thus do not interfere with any future need to replace the Turre well.
The proposed condition of approval includes the requirement to demonstrate adequate water supply
prior to the filing of the Parcel Map. This condition (refer to Condition of Approval#22 in the County
Planning Commission staff report) was included as required by the County Ranchette Policy. Based
on the concerns expressed in the appeal letter, staff recommends that the standard condition be
supplemented to ensure that the first 2000 gallons per day water right held by the appellant is not
;l).
Date: January 11, 2000 -I/-
Board of Supervisors
File#MS900185
Page 4
included as part of the calculation of the amount of water supply available. This change would ensure
that the review clearly recognizes Mrs. Turre's superior water rights. In addition, staff recommends
the Growth Management Finding related to water be amended to conform to the revised condition.
Appeal Point #3
The staff report incorrectly states at page four thereof, that"the most concerned neighbors have
agreed with this conclusion [that there is sufficient water capacity to supply up to fourteen houses] and
now support the applicant's proposed subdivision..."
Staff Response
Five of the six families affected by the water use of the proposed project have submitted letters
supporting this subdivision.
Appeal Point#4
There is not sufficient road width as part of this subdivision to alleviate fire safety concerns in this area
which is not serviced in any fashion with a public water supply, or fire hydrants. The applicants as yet
have not received all of the easements necessary.
Staff s Response
The existing private road is substandard, with expansion severely limited by topography. The
applicant has submitted a plan to improve the turnouts. The applicant is also proposing to create a
loop through the project, which will connect the two forks of Valley Dill Drive and allow most of the
families in the area an alternate emergency access or egress route. A 45,000 gallon storage tank is also
required for this project to provide water storage and pressure for the four new homes and fire
suppression capability for the immediate area. The Moraga Fire Marshal recommended approval of the
subdivision based on these improvements and on other conditions of approval, which are designed to
significantly increase the fire suppression and prevention capabilities in the immediate area.
Appeal Point #5
Emergency and other vehicular access to and from the subject property is limited by virtue of the
existing road width and the present lack of turnarounds.
Staff's Response
Refer to Staff Response to Appeal Point#4.
Date: January 11, 2000
Board of Supervisors "
File#MS900185
Page 5
Appeal Point 46
The subject property, and other adjoining properties, all receive their water by virtue of the springs
and wells, all within one aquifer. By order of the Contra Costa Superior Court Mrs. Turre is entitled
to remove the first 2,000 gallons of water per day from this aquifer which is taken from the subject
property by virtue of her perfected water rights, which are recorded with the Recorder's Office of
Contra Costa County. Therefore, the amount of water that is available to homes that would be built
on the four lots in this proposed subdivision is limited.
Staff Response
Refer to Staff Response to Appeal Point 42.
Appeal Point 47
The County of Contra Costa Community Development Department specifically agreed to give notice
to James Turre, M.D. (Carmen Turre's deceased husband), regarding all events pertaining to this
subdivision, and putting him on the mailing list for this subdivision. However, Carmen Turre received
no advance notice of this public hearing and discovered it by accident during a conversation with a
neighbor, Will S. Knapp.
Staff's Response
The Planning Commission hearing was properly noticed. Mr. Safine's letter dated November 8, 1999
states that an error was made on Item 7 and that Mrs. Turre was noticed.
Appeal Point#8
Mrs. Turre had never seen the entire staff report which was given to her on the evening of October 26.
Therefore, she didn't have the opportunity to review the entire report. When she subsequently
reviewed it in the next two days she found there were several errors in the report, misinformation and
the omission of a pertinent letter written to Environmental Health by Mrs. Turre.
Staff Response
Without specific reference, staff cannot comment. Staff is unaware of any errors or misinformation of
any significance.
RECOMMENDED CONDITION/FINDINNG CHANGES
In response to the appeal, staff recommends that Condition#22 and Growth Management Finding 92
be amended. The added text is highlighted.
Date: January 11,2000
Board of Supervisors G
File#MS900185
Page 6
Condition of Approval #22
Prior to filing the Parcel Map, the project sponsor shall comply with the policy criteria for
subdivision of lands within agriculture and open space General Plan categories adopted by the
Board of Supervisors March 15 1983, and included in the Contra Costa Count General Plan
ado ted Janua 1991.
*NS
IM
A. Each parcel shall have an "on-site" producing water well or a "test well" shall be installed
with 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. The project sponsor shall have verifiable water availability data from adjacent parcels or
knowledge of the same, known by the Health Services Department concerning water
quality and quantity per i. above; and include 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 shall be required in known or
suspected water short areas. This will include seasonal as well as yearly variations.
Growth Management Finding
Water: The ro`ect is not within the boundaries of a water district.
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&Board Orderslappeal-han.bo
•
ADDENDUM TO ITEM D.3
JANUARY 11, 2000
This is the time heretofore noticed for hearing on the appeal by Carmen
Turre from the recommendation of the Contra Costa County Planning
Commission on the request by Sandia Han (Applicant and Owner) and Stan
and Alice Hahn (Owners), for approval to subdivide a 52.36 acre parcel into
four lots, County File MS 90-0185, in the Moraga area.
Katherine Kutsuris, Community Development Department, presented the
staff report, describing the location of the project and the central issue of the
adequacy of the water supply. Ms. Kutsuris commented on the staff
recommendations, and a suggested amendment to the conditions of approval
as shown on page 6 of the staff report.
The following persons presented testimony.
Eric Hasseltine, 3182 Old Tunnel Road, Suite E, Lafayette, representing the
applicants and owners, commented on the proposed project and the
adequacy of the water supply, and he requested denial of the appeal;
Stuart Safine, 2280 Diamond Boulevard #350, Concord, representing
Carmen Turre, requested that should the Board decide to deny the appeal,
there should be a requirement of the applicant to put a tract restriction
apprising people of Mrs. Turre's rights to 2000 gallons of water per day ;
Raymond Will, 2200 Powell Street, Emeryville, Hydrologist, representing
Mrs. Turre.
Supervisor Uilkema expressed concerns relative to the adequacy of Mrs.
Turre's water and requested information on the method of determination that
she will have adequate water supplies as per her entitlement.
Mr. Richard Hill, Environmental Health Services, explained the method of
calculation.
Supervisor Uilkema requested clarification of Mr. Safine's request for tract
notification.
Mr. Barry expressed support for an additional condition to require a deed
notification to be included in the filing of the parcel map should they meet
all the other conditions of approval so that subsequent buyers are put on
notice of Mrs. Turre's 2000 gallon water entitlement.
Mr. Hasseltine spoke in rebuttal, concurring with the additional condition on
deed notification.
Supervisor Uilkema moved approval of staff recommendations 1, 2, 3, and
4, and to add an additional condition of approval that would recognize the
fact that the condition exists and the future homeowners would be aware of
the existing issue of water.
Mr. Barry clarified that that would include a deed notification that would be
recorded at the time of the filing of the map.
Supervisor DeSaulnier seconded the motion.
IT IS BY TIDE BOARD ORDERED that recommendations 1, 2, 3, and 4 are
APPROVED with amended conditions.
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Sandia Han APPLICATION NO. MS900185
210 Valley Hill Dr.
Moraga,CA 94556 ASSESSOR'S PARCEL NO. 258-020-018
OWNER: Stan/Alice Hahn ZONING DISTRICT: A-2
Same as above
APPROVED DATE: 1-11-00
EFFECTIVE DATE: 1-11-00
This is to notify you that the Board of Supervisors has granted your request to subdivide a 52.36 acre parcel
into four (4) lots subject to the attached conditions.
DENNIS M. BARRY, AICP
Community Development Director
Deputy Director
PLEASE NOTE THE EFFECTIVE DATE and be aware of the renewing requirements as no further
notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order
with approved Conditions of Approval. Unless otherwise provided, you have 36 months from the approval
date to file the PARCEL MAP.
FINDINGS AND CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION
COUNTY FILE #MS900185
A. Reauired Findings: In order for the project to be approved as proposed, the
County must be able to make two sets of findings:
1. Tentative Map (Subdivision) Findings:
a. Required findings to approve a Tentative Map (reference Section 94-
2.806 of the County Code).
The advisory agency County Planning Commission shall not
approve a tentative map unless it shall find that the proposed
subdivision, together with the provisions for its design and
improvements, is consistent with the applicable general and specific
plans required by law.
2. Growth Management Element Performance Standards Findings:
1. Traffic: The project as proposed will generate approximately one
additional P.M. peak hour trip. Therefore, the applicant is not
required to prepare a traffic report pursuant to the 1988 Measure C
requirements.
2. Nater: The project is not within the boundaries of a water district.
Consistent with the County General Plan, the subdivider must
demonstrate that adequate water quality and quantity is met prior to
the filing of a Parcel Map. A water right for the first 2000 gpd is
allocated to the owners of APN: 258-020-009. Consistent with the
Growth Management Standards, the requirement to verify adequate
water supply includes the provision that the water supply calculation
must assure that the first 2000 gpd are allocated to APN# 258-020-
009.
3. Sanitgy Sewer: The project is not within the boundaries of a
sanitary district.
4. Fire Protection: The project will be required to comply with the
Moraga Fire District.
5. Public Protection: The Growth Management Element Standard is
155 square feet of Sheriff facility station area per 1,000 population.
F
Prior to issuance of building permits on the new created lots, a $
1,000.00 fee will be collected towards police service mitigation.
b. Parks & recreation: A park dedication fee of $2,000.00 will be
collected prior to issuance of a building permit on the newly created
lots to mitigate impacts on parks and recreation in the area.
7. Flood Control & Drainage: Compliance with Public Works
Department drainage requirements is required,
(Reference the Growth Management Element, Chapter 4 of the
General Plan).
CONDITIONS OF APPROVAL
Administration
1. This application is approved, generally as shown on the Revised
Tentative Map received September 13, 1999 by the Community
Development Department for 4-lots on the 52.36 acre site. Unless
otherwise indicated, the following conditions of approval require
compliance prior to filing the Parcel Map.
2. The approval is for a three (3) year period which may be extended
for an additional three (3) years. An extension request must be
submitted prior to expiration of the initial approval and must be
accompanied by the appropriate filing fee. An extension request is
subject to review and approval of the Zoning Administrator.
3, This application is subject to an initial application fee of$1,900.00
which was paid with the application submittal, plus time and
material costs if the application review expenses exceed 120% of the
initial fee. Any additional fee due must be paid within 60 days of
the permit effective date or prior to use of the permit whichever
occurs first. The fees include costs through permit issuance plus five
working days for file preparation. You may obtain current costs by
contacting the project planner. If you owe additional fees, a bill will
be sent to you shortly after permit issuance.
4. Pursuant to Government Code Section 66474.9, the applicant
(including the subdivider or any agent thereof) shall defend,
indemnify, and hold harmless the Contra Cosa County Planning
i
to...%
Agency and its agents, officers, and employees from any claim,
action, or proceeding against the Agency (the County) or its agents,
officers, or employees to attack, set aside, void, or annul, the
Agency's approval concerning this subdivision map application,
which action is brought within the time period provided for in
Section 66499.37. The County will promptly notify the subdivider
of any such claim, action, or proceeding and cooperate fully in the
defense.
Archaeolo&
5. 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 of Professional Archaeology (SOPA) has had an opportunity to
evaluate the significance of the find and suggest appropriate mitigation(s),
if deemed necessary.
Child Care
6. - The developer shall pay a fee of $400.04 per lot/unit toward child care
facility needs in the area as established by the Board of Supervisors.
Geologic
7. At least 30 days prior to issuance of a grading permit, or installation of
improvements or utilities, applicant shall submit a preliminary geology,
soil, and foundation report meeting the requirements of Subdivision
Ordinance Section 94-4.420 for review and approval of the County
Planning Geologist. Improvement, grading, and building plans shall carry
out the recommendations of the approved report. This report shall include
evaluation of the potential for liquefaction, seismic settlement and other
types of seismically-induced ground failure by recognized methods
appropriate to soil conditions discovered during subsurface investigation.
This report shall address recommendations found in the Geotechnical
Report preparedly Cal Engineering & Geology Inc. prepared by Darwin
Myers & Associates dated October 21, 1997 and August 31, 1999.
8. Applicant shall record a statement to run with deeds to property ac-
knowledging the approved report by title, author (firm), and date, calling
attention to approved recommendations, and noting that the report is
available from the seller for future property owners.
Tree and Tree Preservation
9. To assure protection and/or reasonable replacement of existing trees to be
preserved which are in proximity to project improvements, the applicant
shall post a bond (or cash deposit or other surety) for the required work
with the Community Development Department. The term of the bond shall
extend at least 24 months beyond the completion of construction. Prior to
posting the bond or deposit, a licensed arborist shall assess the value of the
trees and reasonable compensatory terms in the event that a tree to be
preserved is destroyed or otherwise damaged by construction-related activ-
ity. The tree bonding program shall be subject to the review and approval
of the Zoning Administrator
10. At least 30 days prior to issuance of a grading permit or filing of a Parcel
Map, a grading/tree preservation plan shall be submitted for the review and
approval of the Zoning Administrator. The plan shall identify all trees with
a trunk circumference of 10 inches or more, 4112 feet above the ground. The
trunk size, species and approximate drip line of each qualifying tree shall be
identified on the plan, and whether the tree is proposed to be removed or
preserved. The plan shall be accompanied by a report from a qualified
arborist on the proposed development recommending measures to protect
trees as appropriate during the construction and post-construction stages.
The recommended measures from the arborist shall be integrated into or
otherwise attached to the proposed grading plan.
11. The developer and applicant shall adhere to the following tree preservation
standards required by Section 816-6.1202 of the County Code:
A. Prior to the start of any clearing, stockpiling, trenching, grading,
compaction, paving or change in ground elevation on a site with
trees to be preserved, the applicant shall install fencing at the
dripline or other area as determined by an arborist report of all trees
adjacent to or in the area to be altered. Prior to grading or issuance
of any permits, the fences may be inspected and the location thereof
approved by appropriate County staff.
B. Into grading, compaction, stockpiling, trenching, paving or change in
ground elevation shall be permitted within the dripline unless
indicated on the grading plans approved by the County and
addressed in any required report prepared by an arborist. If grading
or construction is approved within the dripline, an arborist may be
required to be present during grading operations. The arborist shall.
have the authority to require protective measures to protect the roots.
Upon completion of grading and construction, an involved arborist
shall prepare a report outlining further methods requiring for tree
protection if any are required. All arborist expense shall be borne by
the developer and applicant.
C. No parking or storing vehicles, equipment, machinery or
construction materials, construction trailers and no dumping of oils
or chemicals shall be permitted within the dripline of any tree to be
saved.
12. Trees on the site shall be retained where possible as indicated on
plans submitted with the application.
Geolo
13. At least 45 days prior to the issuance of a grading permit, an erosion
control plan shall be submitted for the review and approval of the
Grading Section of the Building Inspection Department. The
erosion control plan shall provide for the following measures:
For Environmentally Sensitive Areas:
A. All grading, excavation and filling shall be conducted during
the dry season (April 15 through October 15) only, and all
areas of exposed soils shall be replanted to minimize erosion
and subsequent sedimentation. After October 15, only
erosion control,work shall be allowed by the grading permit.
Any modification to the above schedule shall be subject to
review by the Grading Section of the Building Inspection
Department and the review and approval of the Zoning
Administrator.
Hillside Homes
14. Prior to the issuance of a building permit, elevations and
architectural design of the building and building roof material shall
be submitted for final review and approval by the County Zoning
Administrator. The roofs and exterior walls of the building shall be
free of such objects as air conditioning or utility equipment,
television aerials, etc. or screened from. view. The building shall be
finished in stucco with wood trim. or other materials acceptable to
the Zoning Administrator. Exterior colors shall be approved by the
Zoning Administrator and shall not exceed 50% reflectivity.
Exterior residential material shall be fire resistant.
Construction Conditions
15. Contractor and/or developer shall comply with the following
construction, noise, dust and litter control requirements:
A. All construction activities shall be limited to the hours of 7:30
A.M. to 5:30 P.M., Monday through Friday, and shall be
prohibited on state and federal holidays.
B. The project sponsor shall require their contractors and
subcontractors to fit all internal combustion engines with
mufflers which are in good condition and shall locate
stationary noise-generating equipment such as air
compressors and concrete pumpers as far away from existing
residences as possible.
C. At least one week prior to commencement of grading, the
applicant shall post the site and mail to the owners of property
within 300 feet of the exterior boundary of the project site
notice that construction work will commence. The notice
shall include a list of contact persons with name, title, phone
number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept
current at all times and shall consist of persons with authority
to indicate and implement corrective action in their area of
responsibility. The names of individuals responsible for noise
and litter control, tree protection, construction traffic and
vehicles, erosion control, and the 24-hour emergency number,
shall be expressly identified in the notice. The notice shall be
re-issued with each phase of major grading and construction
activity.
A copy of the notice shall be concurrently transmitted to the
Community .Development Department. The notice shall be
accompanied by a list of the names and addresses of the
property owners noticed, and a map identifying the area
noticed.
D. A dust and litter control program shall be submitted for the
review and approval of the Zoning Administrator. Any
violation of the approved program or applicable ordinances
shall require an immediate work stoppage. Construction
work shall not be allowed to resume until, if necessary, an
appropriate construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid
interference with existing neighborhood traffic flows. Prior
to issuance of building permits, the proposed roads serving
this development shall be constructed to provide access to
each [lot] [portion of the development site]. This shall
include provision for an on-site area in which to park earth
moving equipment,
F. Transporting of heavy equipment and trucks shall be limited
to week days between the hours of 9:00 AM and 4:00 PM.
and prohibited on Federal and State holidays.
G. The site shall be maintained in an orderly fashion. Following
the cessation of construction activity, all construction debris
shall be removed from the site.
16. The project shall comply with the dust control requirements of the Grading
Ordinance including provisions pertaining to water conservation,
17. The applicant shall comply with the Contra Costa County Ordinance
pertaining to water conservation. Compliance with the Water Conservation
Ordinance shall be designed to encourage low-flow water devices and other
interior and exterior water conservation techniques.
18. All toilets shall be low-flow units in accordance with Section 17921,3 of
the Health and Safety Code, sinks and showers shall be water conserving
units, in accordance with the California Energy Commission Standards for
new residential buildings.
Police Service
19. Police Services Mitigation: The following requirements shall be met prior
to filing a Parcel Map or issuance of a building permit as specified below:
A. Prior to filing a Parcel Map, the applicant shall submit two copies of
a proposed disclosure statement for the review and approval of the
Zoning Administrator. The approved statement shall be used to
notify prospective buyers of parcels which are not occupied by
existing legally-established residences at time of filing the tentative
map application. The disclosure statement shall advise prospective
buyers of affected parcels that prior to issuance of a building permit,
they will be required to contribute to the County $1,000.00 for police
services mitigation. The fee may be paid to the Contra Costa County
Application& Permit Center.
B. Prior to issuance of a building permit on any parcel that is not
occupied by a legal residence, the applicant shall contribute
$1,000.00 to the County for police services mitigation. The fee shall
be paid to the Contra Costa County Application& Permit Center,
House Numbers
20. All dwelling units shall have house numbers that are visible from the street
which may require illumination.
Ranchette Development
21. In order to preserve agricultural lands, the County ranchette policy shall
apply to this project requiring that the building sites be reviewed and
approved by the Zoning Administrator prior to issuing a building permit.
This shall be noted as a deed restriction on each parcel/lot.
22. Prior to filing the Parcel Map, the project sponsor shall comply with the
policy criteria for subdivision of lands within agriculture and open space
General Plan categories adopted by the Board of Supervisors March 15,
1983, and included in the Contra Costa County General Plan adopted
January 1991. This condition recognizes that the owners of APN# 258-
020-009 hold a water right entitling them to the first 2000 gallons per day.
For the purpose of determining compliance with this condition, the analysis
must demonstrate that the water standards will be met without the use of
the 2000 gallons per day allocated to the owners of APN# 258-020-009.
A. Each parcel shall have an "on-site" producing water well or a "test
well" shall be installed with 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. The project sponsor shall have verifiable water availability data from
adjacent parcels or knowledge of the same, known by the Health
Services Department concerning water quality and quantity per i.
above; and
Include 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 shall be
required in known or suspected water short areas. This will include
seasonal as well as yearly variations.
D. The land shall be suitable for septic tank use according to the County
Ordinance Code criteria and Health Services Department
regulations. Percolation tests shall pass 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 easily closed when
necessary. Fencing shall be installed prior to issuance of building
permits.
23. Development on lots shall be confined to a two acre development site.
Development sites shall be kept off of ridgelines, and shall be subject to
review and approval of the Zoning Administrator. The areas outside of the
development sites shall be placed in a scenic easement that will allow for
the construction of agricultural related structures only.
24. Prior to the issuance of building permits, specific site development plans
shall be made for review and approval of the Zoning Administrator. The
plans shall indicate proposed grading for and location of structures,
driveways, drainage, well site, leach field location and extent, and water
storage for fire fighting. Homesites shall be designed with a minimum of
grading. Where significant grading is needed, an acceptable erosion control
plan shall be provided with the application. Home siting shall be reviewed
for energy conservation features (building site orientation and feasibility for
solar facilities will be considered). The access road shall end in a 35-foot
radius cul-de-sac or acceptable hammerhead turnaround.
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25. The applicant shall demonstrate that an adequate water supply for domestic
and fire fighting purposes is available prior to filing of the Parcel Map. A
hydro-geological evaluation of the site may be required.
26. This subdivision is conditionally approved, subject to the applicant
obtaining approval from the Health. Services Department for the utilization
of individual sewage disposal on each lot. Percolation test shall be passed
for each lot.
Fire Protection
27. The applicant shall install fire sprinkler systems in all structures. This is to
mitigate structure fires from extending to wildlands.
28. The applicant shall construct all structures with fire resistant building
materials.
29. Prior to the issuance of a building permit the applicant shall submit a
landscape plan showing all structures with a 100 feet around with cleared
defensible space. The landscaping within this zone shall not include any of
the plants identified in EBMUD's "Firescape" brochure as highly
flammable.
30. An all weather "Emergency Vehicle Access" road shall connect the cul-de-
sac with adjoining private street north of this subdivision. A gate may be
installed to limit use except in emergency evacuation.
31. Prior to the issuance of a building permit the applicant shall install a single
water tank with a capacity of 45,000 gallons for fire protection. This
capacity will be sufficient to provide a fire flow of 750 gallon per minute
from hydrants for a 1-hour duration. This amount is predicated on a 50%
reduction as specified in the Uniform Fire Code for the installation of fire
sprinkler system.
32. The new cul-de-sac shall be identified with a new street name acceptable to
the fire district. In addition, all existing intersections shall be provided with
street signs to facilitate emergency response.
33. Prior to recordation of the Parcel Map, the applicant shall provide proof
that the following statement has been recorded on the deed; Every year for
all lots between May 1$` and June 1.5`x' , and without any further notice, the
lot owners shall abate "seasonal and recurring weeds" from those portions
of each parcel of land which are accessible to tractor drawn equipment:
This is critical to reduce the wildland fire hazard.
Deed Disclosure of Water Riwhts
34. - The applicant shall submit two copies of a draft deed disclosure for
recordation against all of the lots within the subdivision for the review and
approval of the Zoning Administrator. The disclosure is intended to advise
prospective buyers that the owners of APN 258-020-009 hold a water right
entitling them to the first 2000 gallons per day, and entitling them to drill a
well on any of the future lots of this subdivision subject to specific
conditions. The approved deed disclosure shall be recorded concurrently
with the parcel map.
PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR
SUBDIVISION MS 89-0118
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO
RECORDATION OF THE PARCEL MAP
General Requirements:
35. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall
conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any
exceptions therefrom must be specifically listed in this conditional approval
statement. The drainage, road and utility improvements outlined below shall
require the review and approval of the Public Works Department and are based on
the revised Tentative Map dated October 27, 1997.
36. Improvement plans prepared by a registered civil engineer shall be submitted to the
Public Works Department, Engineering Services Division, along with review and
inspection fees, and security for all improvements required by the Ordinance Cade
for the conditions of approval of this subdivision. These plans shall include any
necessary traffic signage and striping plans for review by the Transportation
Engineering Division.
Roadway Improvements (On-Site):
37. Applicant shall construct the on-site roadway and driveway system to current County
private road standards with a minimum traveled width of 6.1-meters (20-feet±-) with
0.6-meters (2-feet±) shoulder backing, within at least a 9.15-meter(30-feet±) access
easement in accordance with the Policy on Private Rural Road Design Standards.
12w!1
Since this property is located within either a moderate or high Fire Hazard State
Responsibility Area, the applicant shall comply with the requirements of the Policy
on Private Road Resign Standards and the Policy on Rural Driveway Design
Standards as approved by the Board of Supervisors on May 2, 1995. Where the
policy allows, exceptions may be requested to utilize County private road standards,
specified in the Ordinance Code, in lieu of the adopted policy on Private Rural Road
Design Standards, subject to the review of he Fire District, the California Department
of Forestry, Public Warks, and the review and approval of the Zoning Administrator.
38. Applicant shall construct a paved turnaround at the end of the proposed private road.
Said turnaround shall comply with the requirements of the Policy on Private Road
Design Standards and the Policy on Rural Driveway Design Standards as approved
by the Board of Supervisors on May 2, 1995, subject to the review of he Fire
District, the California Department of Forestry, Public Works, and the review
and approval of the Zoning Administrator.
Roadway Improvements (Off--Site)
39. Off-site improvements to Valley Hill Drive shall conform to the exhibit prepared by
Humann Company and reviewed by the Moraga Fire District on March 7, 1998.
Access to Adjoining Property:
Proof of Access
40. Applicant shall furnish necessary rights of way, rights of entry, permits and/or
easements for the construction of off-site, temporary or permanent, public and
private road and drainage improvements.
41. Applicant shall furnish proof that legal access to the property is available from St.
Mary's Road.
Utilities/Undergrounding:
42. Applicant shall be granted an exemption from the undergrounding requirements of
the Ordinance Code because of the large parcels involved the agricultural. zoning and
the nature of the area.
Maintenance of Facilities:
43. Property Owner shall record a Statement of Obligation in the form of a deed
notification, to inform all future property owners of their legal obligation to maintain
the private roadway.
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Drainage Improvements:
Collect and Convey
44. The applicant shall be permitted an exception from the collect and convey
requirements of the Ordinance Code provided that the existing drainage pattern is
maintained and concentrated storm drainage is not discharged onto adjacent
property.
Miscellaneous Drainage Requirements:
45. Any storm drainage facilities that are constructed shall be designed and constructed
in accordance with specifications outlined in Division 914 and in compliance with
design standards of the Public 'Works Department.
46. Storm drainage originating on the property and conveyed in a concentrated manner
shall be prevented from draining across driveway(s).
Creek Structure Setback:
47. Applicant shall relinquish "development rights" over that portion of the site that is
within the structure setback area of the tributary to Las Trampas Creek. The structure
setback area shall be determined by using the criteria outlined in Chapter 914-14,
"Rights of Way and Setbacks," of the Subdivision Ordinance. "Development rights"
shall be conveyed to the County by grant deed.
National Pollutant Discharge Elimination System (NPDES) Requirements:
48. The applicant shall comply with the County's Storm Water Management and
Discharge Control Ordinance (Ord. # 96-21) and all rules, regulations and procedure
of the National Pollutant Discharge Elimination System (NPDES) for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board, or the San Francisco Bay Regional Water Quality Control
Board.
49. A "Best Management Practices" (BMP) plan shall be developed in conjunction with
a Storm Water Pollution Prevention Plan and submitted for review and approval by
the Public Works Department and Grading Section of the Building Inspection
Department.
14 /
50. BMPs to be considered shall include where feasible, but not be limited to:
1. Provide educational materials to new homebuyers.
2. Stencil all catch basins with "No Dumping, Drains to Bay," using
thermoplastic tape.
3. Provide options for grass pavers or other semi-pervious paving systems for
walks, drives and patios.
4. Slope pavements to sheet flow onto planted surfaces.
5. Prohibit or discourage direct connection of roof and area drains to storm drain
systems or through-curb drains.
Metric Units:
51. All first check submittals and accompanying calculations including subdivision
grading plans, improvement plans, hydrology and hydraulic maps, final maps, right
of way and annexation plat maps and legal descriptions shall be in metric units.
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 PROVIDED FOR. TIME 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 expiration dates and renewing
requirements prior to (recording the Parcel Map) or (requesting building or
grading permits).
B. Comply with the requirements of the Moraga 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 County Area of Benefit as adopted by
the Board of Supervisors.
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F. The applicant shall be required to comply with all rules, regulations and
procedures of the National Pollutant Discharge Elimination System (NPDES)
permit for municipal, construction and industrial activities as promulgated by the
California State Water Resources Control Board or any of its Regional Water
Quality Control Boards (San Francisco Bay-Regional II or Central Valley-Region
V).
G. This project is subject to the development fees in effect under County Ordinance
as of August 28, 1994, the date the vesting tentative map application was accepted
as complete by the Community Development Department. These fees are in
addition to any other development fees which may be specified in the conditions
of approval.
The fees include but are not limited to the following:
Park Dedication $2,000.00 per residence
(If appropriate-a Child Care) $400.00 per residence
An estimate of the fee charges for each approved lot may be obtained by
contacting the Building Inspection Department at 335-1196.
H. Additional requirements may be imposed by the Fire District, the Health
Department and the Building Inspection Department. It is advisable to check with
these departments prior to requesting a building permit or proceeding with the
project.
1. The Building Inspection Department will require two sets of building plans which
must be stamped by the Community Development Department and by the Sanitary
District or, if the site is not within a Sanitary District, by the County Health
Department.
J. Expiration of Vested Ri hghts: Pursuant to Section 66452.6(g) of the Subdivision
Map act, the rights conferred by the vesting tentative map as provided by Chapter
4.5 of the Subdivision Map act shall last for an initial period of two (2) years
following the recording date of the final/parcel map. These rights pertain to
development fees and regulations. Where several final maps are recorded on
various phases of a project covered by a single vesting tentative map, the initial time
period shall begin for each phase when the final map for that phase is recorded.
At any time prior to the expiration of the initial time period, the subdivider may
apply for a one-year extension. The application shall be accompanied by the
applicable filing fee. If the extension is denied by an advisory agency, the
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subdivider may appeal that denial to the Board of Supervisors by filing a letter of
appeal with the appropriate filing fee with the Clerk of the Board within 15 calendar
days.
The initial time period may also be subject to automatic extension pursuant to other
provisions of Section 66452.6(g) relating to processing of related development
applications by the County.
At the expiration of the vesting time period, remaining development (i.e., new
building permits) within the subdivision shall be subject to development fees and
regulations in effect at that time.
K. Some of the roadways that are used to access the subject property are private roads
that may have a vehicle weight limit. You should be aware of those weight limits
and your responsibility for road repairs when you bring construction equipment and
materials onto your site.
RMP/amc
RMP/mp
1/19/00
S:current planning/ms-9001$5-coa.rmp