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HomeMy WebLinkAboutMINUTES - 10262004 - D5 The following pages are Materials presented by persons presenting testimony Administrative Materials such as notices, affidavits, returned mail, etc. r� r' jj i y .,pry � ,• ..J Tamara and Paul Attard 296 Camino Sobrante Orinda, CA 94563 (925)254-9593 email: Tamarac-Attard.com August 21, 2{x}3 [CLEfRK D Clerk of the Board of Supervisors Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 ' Re: Appeal Hearing—1000 Fish ranch Road, Orinda AWN 265-184-016 Dear CCC Clerk of the Board of Supervisors: We are requesting an appeal hearing, the basis of which is summarized in Exhibit 1*i prepared by our expert environmental engineer consultant regarding the Code that"does not allow the Health Officer to grant a variance to allow an individual system for a parcel or lot that is one thousand feet or less from a water reservoir or tributary stream thereof.".2 We are also requesting an appeal on the decision that our EBMUD Liquid Waste Agreement and Permit along with the trucking agreement between EBMUD and A-1 Septic, "does not satisfy the requirement of subjection (b) (2)".3 We are an organic agricultural operation that is trying to build a greenhouse and a small 1600 sq ft caretaker 00ttage*4 to provide safety and security and to prevent further dumping and vandalism in the area. Our plans are supported by all our neighbors*s and will provide a productive use for our family business, the community and the tax roles. We have been working diligently since January 2003 to get approval for an onsite wastewater treatment system which is necessary before any construction can commence. It is now the end of August and hundreds of hours and dollars later and we still do not have approval for our wastewater treatment system. Every conceivable regulatory rule has been interpreted as possibly applying,whether or not it is relevant to this particular site. As a result, our business operation has been financially impacted along with our ability to build before the winter. We are requesting relief on the grounds that our wastewater treatment system will not negatively impact the water duality according to every expert that has reviewed the site. -a On June 27,2003 Kenneth C. Stuart, Director of Environmental Health conducted an Appeal Hearing. -r At that hearing we presented evidence that Environmental Health issued multiple permits to neighboring properties with the same condition-e, In addition, the Health Officer approved our subdivision in 1986-9 which requires the Health Officer to determine the feasibility of installing an individual system if sewer is not available-,o Questa Engineering presented two reports-ii and concluded the site is suitable for a septic system. The tests were conducted with Environmental Health observing and showed positive soil profile evaluations, percolation tests at an average of 30 minute trench, good soils, no ground water, no mottling and over 1,590 feet from the local stream and over 6 miles from a reservoir. The two intermittent and seasonal drainages within 1000 feet of the proposed septic site will not impact the purity of our drinking water. it is impossible for the drain field to drain into the open pipe that is 750 feet up hill at an elevation of over 80 feet above and it is impossible for the drain field to drain across highway 24 and the solid concrete tunnel complex that is over two hundred feet wide. Every expert hydraulics engineer, including the Health Officer, agrees that it is impossible for the proposed septic site to drain into the two drainages in question. In 1968 the board of Supervisors adopted the ordinance changing the 50 foot set beck from a reservoir to 1000 feet from a reservoir in order to protect the drinking water. In 1969 the Board of Supervisors adopted a septic system moratorium for Canyon and in 1970 a septic system moratorium for El Toyonal. Both locations have numerous"streams that contribute to another body of water"within 1000 feet of a septic system. Obviously the reason the Board adapted the moratorium is because the 1000 foot set back did not alleviate the saturation problem in the heavily populated two areas. Fish Ranch (toad has virtually thousands of acres with no development and is over 6 miles away from a reservoir. We believe"tributary`has been defined as Ma stream that directly flows into the reservoir`, not a complex combination of pipes, freeways and creeks. We do not believe that the Health Nicer should have denied us the relief we have sought The current status of this matter would preclude our productive use of our property for a viable economic return without actually addressing any legitimate concems which our proposed project might raise from the standpoint of the preservation of water purity. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21°'day of August, 2003 in Orinda, Califomia _ f 117�1'611& Tamara L.Attard EXHIBITS Exhibit 1 - Appeal Summary prepared by Norman N. Hantzsche, P.E., expert environmental engineer Exhibit 2—July 21, 2003 Kenneth C. Stuart, Director of Environmental Health Appeal Decision Letter Exhibit 3—August 5, 2003 Silvan B. Marchesi, County Counsel, Holding Tank Letter Exhibit 4 Plot Plan Exhibit 5—Brian Gates letter, Grizzly Peak Estates email, Cal Tran's letter, EBMUD letter, Wildlife letter Exhibit 8—Mr. Cervantes report Exhibit 7-•Transcript of Audiotape Proceedings Exhibit 8 i Map of approved septic systems, copies of permits and photos Exhibit 9 Approved 1986 Subdivision Exhibit 10- Ordinance 81-30, article 420-6.511, Ordinance 88-16 Exhibit 11 —Questa Engineering reports APPPAL SLTMAIARY 1400 Fish Ranch Road,Orinda,California Variance Application for an Individual Residential Septic System on property located within the Drainage Area of a Domestic Water Supply Reservoir i. In 1968 the Centra Costa County Board of Supervisors adopted Ordinance No. 68-16,which included the requirement that no new septic systems be permitted within 1,000 feet of domestic water supply"reservoir or tributary stream'. For properties in a reservoir drainage area located more than 1,000 feet from the reservoir or tributary stream, a septic system may be permitted as a Variance. 2. Neither Ordinance No. 68-16 nor any subsequent ordinance or Health Officer regulation includes a definition of the term"tributary stream". 3. We believe the reasonable interpretation of the term"tributary stream", as intended at the time of the original adoption of this ordinance, is that it means streams that flow into a domestic water supply reservoir. The application of this definition for the San Pablo and Briones Reservoirs is illustrated in Figure 1. 4. The property at 1000 Fish Ranch Road is located within the drainage area of San Pablo Reservoir. However, it is located more than 6 miles from the reservoir and more than l mile from San Pablo Creek,which is a tributary stream of the reservoir. Accordingly, the property at 1000 Fish Ranch Road qualifies for a Variance to permit the use of an onsite septic system. 5. In denying the application for a Variance the Contra Costa County health Officer adopted the position that the term"tributary stream"was intended to mean My located in the drainage area of a domestic water supply reservoir. 6. We disagree with this interpretation issued by the health Officer on the basis that it is not reasonable, logical, or scientifically defensible, and it is not consistent with prior actions and decisions by the Contra Costa County Health Officer in matters related to septic systems located in the drainage area of domestic water supply reservoirs. 7. Common dictionary references and glossaries of technical terms consistently define"tributary"as a stream or river that actually flows into a larger stream or lake. 8. If"tributary stream*'was intended to mean My-stream in the dWnggg aM then Ordinance No. 68-16 would simply have stated "... reservoir or any stream in the drainage area". There would have been no need to use the term"tributary stream'*. 9. In 1969, one year after the adoption of Ordinance No. 68-16,the Health Officer issued a Moratorium on Septic Tanks for the Canyon area. As shown in Figure 2, the Canyon area is located in the drainage area of San Leandro Reservoir. It is immediately bordered by San Leandro Creek., a tributary stream of the reservoir, and drained by numerous small local streams that drain into San Leandro Creek. If the 11100-foot setback was intended to apply to"any stream" in the drainage area of a water supply reservoir, all septic systems in Canyon would have already been banned by the provisions of Ordinance No. 68.16, and there would have been no need for the Health Officer to issue a Moratorium on Septic Systems in 1969. This tells us that in 1969 the Health Officer dict not interpret"tributary stream"the same way the current Health Officer is proposing. 10. In 1970,two years after the adoption of Ordinance No. 68-16,the Health Officer issued another Moratorium on Septic Tanks,this time for the Orinda El Toyonal area. As shown in Figure 3,the Orinda-El Toyonal area is located in the drainage area of San Pablo.Reservoir and is drained by numerous small local streams that flow into San Pablo Creek, a tributary stream of the reservoir. Again, as in case of the Canyon area, if the 1000-foot setback was intended to apply to"any stxeam" in the drainage area of a water supply reservoir, all septic systems in Orinda-El Toyonal would have already been banned by Ordinance No. 68-16, and there would have been no need for the Health Officer to issue a Moratorium on Septic Systems in this area in 1970. 11. In 1986 the property at 1000 Fish Ranch Road was created by Subdivision MS 72-84 Ey County Ordinance in effect at the time,the creation of the subdivision required review and approval by the Health Officer relative to compliance with applicable County requirements for onsite sewage disposal. If"tributary stream" was understood to mean"any stream" in the drainage area of San Pablo Reservoir,the Health Officer would have been obligated to deny the subdivision on the basis that a 1,000-foot setback could not be maintained from local streams on and near the property. The fact that the Health Officer did not deny the creation of the subdivision on these grounds indicates that the term"tributary stream"was not interpreted to mean"any stream" in 1986. 12. In the period of 1991 to 2001 the Contra Costa.County Health Department issued septic system permits for four residential parcels in the Fish Ranch Road area, all of which are in generally the same proximity to local streams as 1000.Fish Ranch Road. None of these permits could have been legally issued by the County if "tributary stream"was understood to mean"any stream" in the drainage area of San Pablo Reservoir. 13. The property at 1000 Fish Ranch Road has been investigated and determined to have suitable soils,percolation and land area for an onsite sewage disposal system, and will pose no threat to public health or water duality. It is physically impassible for water to flow from the proposed sewage treatment-disposal area into any local stream located within 1,500 feet of the system. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and reflect my opinions as an expert environmental engineer. Executed this 21 day of august 2003 in Contra Costa County, California. N rman N. ntzsche, Principal/Managing En neer Questa Engineering Corp. rt' + ,1.35 "3, '.,• .s S. >t.'.fk Sw LEGEND •r al Stream z _ Tributary to Reservoir . l Moratorium Boundary wzA>. IOMFoot Setback � �� w� ,y v, �, ',! kit Rs�Iw'ws i+n+.-�'s�.R*����.'♦ �"'s..; G ".# y f �P S>, 5 x � • "�, >9 �.{ p '^` r� wu^ ',�'�,�� � �� .':v''��f �#�ai a � h. y� < '4�,/' �.A�✓ ", �� '#tic k. '".,��� � _ ;,� Y f NS ►On-F 4 A f fi > yl�..+p+ d 41 4 ,�f' Sib"�cfi:. ^��'r°'`�._.n ��__ qw "±:�+r• aP� _ � N�� G"*�y"`r ,t'� _ � � _°1.�•�1. a$.f&:x"a gat..v'�F^'ao}^�neFx:Oi'vAs.ula s�a.�:,' ,Ai �y.� ,,,�i} '-8 ". VIA- Who • r Affe A f et 23y Fi• ! gure i 3. El Toyonal Septic 1 20 Aug 2003 System Moratorium Path: CA, Z:\2003\230061 1. 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( .y '4w✓ r ��i``.-� �`s. ..J �• _ .•fir( Li =y!� x, 1 4*,4 '''r" "`.sem �`'" `+ �,.•�`'�,�,,, f.,�+,'�A4�� y 4«.1h3 �. � i s raw a_ stem VAO Y � S ix., �4tr`a4 •, Date. A�9 2003 ''i. Fo - Julie Bnea To: Patty Molloy/COB/CCCQCCC cc: 04/28/2004 01:44 PM Subject: Re:Admin Appeal of Tamara and Paul Attard Looks like we're okay with October 26 for the Attard Appeal. Julie -----Forwarded by Julie Enea/CAOICCC on 04/28/2004 01:50 PM---- iakstuart@hsd.co.contra To: jenea@cao.cccounty.us costa.cams cc: Lillian Fuji<Ifuji@cc.co.contra-costa.ca.us>, 04/28/2004 12:05 PM tgeigcc.co.contra-costa.ca.us Subject: Re:Admin Appeal of Tamara and Paul Attard Julie- Your statement is correct on the Attard Appeal.. I will be at the Board Tuesday just in case there are questions, but I dont anticipate any. The Attard's are not planning on attending the Board meeting. If there is a need for information, Lillian left the "just in case" packet and previous Board packet with Torn Geiger before she left on vacation. Ken Stuart jenea@cao.cccount y.us To: Ken Stuart <kstuart@hsd.co.contra-costa.ca.us> CC: Lillian Fuji <lfuji«cc.co.contra-costa.ca.us> 04/28/2004 11:41 Subject: Admin Appeal of Tamara and Paul Attard AM Ken, The letter received by the Clerk on this appeal requested a continuance to the end of October. Therefore, on the May 4 B©S agenda, we will list this item with a notation that it is to be continued to October 26, 2004 (the last BOS meeting in October) at 1:00 p.m. Please confirm ASAP that this is acceptable, as we go to print tomorrow morning. . . .Julie t 1 t f � r i 7,� %r+ a to / J.`t ��l * W`'c q�,.,• \,�., > "`"r. :�ti '.,< f•�t ,. ,� t, �� ��, ! `,f $p\ * ,�;,J ,�:�, Y s �n t a r: t �, r� , LEGEND h.'`tributary to Reservoir Moratorium Boundary «; ,w 11140-Foot Setback LEne �+�f VIM Watershed I Drainage Area Boundary � ry v�,++.n'' � s•1}� �i } � 6rj 6 'n � �'�$q`t��t t�y�t`f r...;k?� /�J,,. .; A f.'r.-. 4 �' a ��k�',�.;i Id ���� J � ��✓ '.r•` r P'qq zf x i M`,, '� '`..� �?V "• r { � .. _t � i y�iC;i ,.; {J,t�. �{, .3�p y{ t ir..� { c f ��W4� q'����•s+,y�'1 ..'� t>� � �q,y Y$�t\ r-, ��� ,y v` 5`' ` .y'k`s .i. �,.�..6'ILa"jq X,� j�. 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J Pta^� 1000-Foot Setback Line Adw)d hn r Prgect No.: syr; Wn' From Water Supply Reservoir and Figure 230461 Q�j, TSTAStreamsTributary 8treasF3ata: _. 1 ; 19 Aug 2003 San Pablo/Briones Reservoirs lh: e Pavn.mn>v.a tsar nn.at. ;._<n.a,nn a...,... vn o :12443t23tltit3t Contra Costa County,California 4¢ •s�+•�. .. _.+. F. tia•- .. `rwr:fd'�,@n.;,,�`i'�&. ..s"�iW _...,.t ;ei�•?4C. .,... .. '""i ... ;i�'at7� WILLIAM B. WALKER. M.D. CONTRA COSTA HEALTH SERyiCEss DIRECTOR KENNETH C, STUART, ENVIRONMENTAL MSEH,REHS HEALTH ENvtROW MTAL HEALTH DIRECTOR CONTRA ON ! RA COSTA 2920 Diamond Blvd., . - — Suite 200 SERVICES p f� V t Concord, California H A L i J H I C E S 94520 Ph(925)646-5225 Fax(925)646-5968 July 21, 2003 www.cocoeh.org Tamara L. Attard 296 Camino Sobrante Orinda,CA 94563 Re. Appeal Hearing— 1000 Fish Ranch Read, Orinda, CA APN 265-180-016 Dear Mrs. Attard: On June 27, 2003, I convened an Appeal Hearing on the denial of the variance application for an individual(septic)system on the subject property. The appeal was based on your contention that the Contra Costa County Code allows topographical factors to be considered in the interpretation of the 1,000-foot setback requirements from tributary streams for individual systems. In attendance at the hearing were: Tamara Attard,Applicant Paul Attard,Applicant Michael Lewis, Bayseng Spice Company/Applicant Jim Lewis, Bayseng Spice Company/Applicant Norm Hantzsche,Questa Engineering Richard Lee, Supervising Environmental Health Specialist Jeff Edwards, Senior Environmental Health Specialist Michael Cervantes, Senior Environmental Health Specialist Lillian Fujii, Deputy County Counsel Ordinance Code Section 420-6.507: The County Ordinance Code section in question in this matter is section 420-6.507, concerning individual systems near a reservoir as follows: (a) Location: If the parcel or lot is located within a drainage area of a domestic water supply reservoir, any structure requiring disposal of sewage shall be connected to a community sewer collection system. (b) Variances. If a community sewer collection,system is not available the health officer may grant a variance subject to the following: (1) If the parcel or tot is between fifty and one thousand feet from the reservoir or tributary stream a watertight sewage holding tank system, or equal will be required. Such system must be owned or operated by a presently existing public agency having statutory authority to provide such service. (2) Beyond one thousand feet from a reservoir or tributary stream an individual system or other similar acceptable system may be permitted subject to all the conditions specified in Section 420-6.505. y Contra Costa Community Substance Abuse Services • Contra Costa Emergency Medreai Services • Contra Costa Environmental Health Contra Costa Health Plan • Contra Cosia Hazardous Materials Programs •Contra Costa Mental wealth • Contra Costa Public Heaith • Contra Costa Renal Medical Center • Contra Costa Health Centers (c) Variance Temporary: It is the intent of this chapter to provide maximum protection to the water duality of the waters stored in these reservoirs and any variance granted must be considered as an interim method of sewage disposal which shall not create situations that may become a menace to the public health. There is no dispute that the property in question is within the drainage area of a water supply reservoir. The applicants waived any time limits on this decision. Applicant Justification for Variance: You provided a presentation on the subject property that included the history of the property, your site evaluation for an onsite wastewater system, a discussion of the 1000-foot setback requirement, a discussion of the term "tributary stream", a discussion of how setback requirements have or haven't been applied, and a summary and conclusions. It was your contention that: 1. The site is suitable for a septic system that protects public health and the environment. 2. The site complies with the regulations and you would propose to install a "code- plus"system that is consistent with other approved practices in the area. 3. The proposed system is consistent with the logical intent of the 1000-foot setback requirement. Staff Presentation: Staff pointed out that a more recent investigation has identified another stream that is also close to the proposed individual system. Consequently, we are now aware of at least two tributary streams within one thousand feet of the parcel. Definitions: You presented alternative definitions for terms used in the County Ordinance Code. Inasmuch as the purpose of Chapter 420-6 is to provide maximum protection to the water quality of the waters stored in reservoirs, and section 420-6.507 makes it clear that any variance granted under that section must be considered as an interim method of sewage disposal and should not create situations that may become a menace to the public health, the Health Department broadly construes the terms used in section 420-6.507 to provide maximum protection for water quality for the reservoirs. The United States Department of Interior, Coast and Geologic Survey, recognizes the Water Words Dictionary developed by the Nevada Division of Water Resources, Department of Conservation and Natural Resources as a comprehensive dictionary of water terms. -The definitions in question are attached, and provide a basis for the determination of what is a tributary stream. Decision: The individual septic system disposal area indicated on the applicant's plot plan is within 1000 feet of a tributary stream that is located within the drainage area of a domestic water supply reservoir. As specified in Section 420-6.507 of the Contra Costa County Code, the health officer may grant a variance to allow a watertight sewage holding tank system. Such a system must be owned or operated by a presently existing public agency having statutory authority to provide such service. Your appeal does not concern such a variance. The Code does not allow the Health Officer to grant a variance to allow an individual system for a parcel or lot that is one thousand feet or less from a water reservoir or tributary stream thereof. Therefore, I must deny the requested variance. The suitability of the site for an onsite wastewater treatment system has not been determined and would be dependent on the ability of the site to meet all of the permit requirements. This was not the issue of the appeal hewing. Your cooperation has been and is appreciated. Sincerely, v Kenneth C. Stuart, MSEH,REHS Hearing Officer and.Director of Environmental Health Attachments CC,. William Walker,M.D.,Health Officer and Director,Health Services Department neve Pessis,Community Liaison, Supervisor Gayle Uilkerna Lillian Fujii,Deputy County Counsel Richard Lee, Supervising Environmental Health Specialist KS:rc Attachment Water Words Dictionary A. Stream: A general term for a body of flowing water; natural watercourse containing water at least part of the year. In Hydrology, the term is generally applied to the water flowing in a natural channel as distinct from a canal. (Page31$) B. Topography: The general configuration of the land surface including relief and position of natural and man-made features. (Page 335) C. Tributary: (1) A stream which joins another stream or body of water. (2) A stream or other body of water, surface or underground, which contributes its water, even though intermittently and in small quantities, to another and larger stream or body of water. (Page 340) Nate: Internet Address: http://water,nv.gov/Water°/o20plann'ing/dict-Itww-index.htm OFFICE OF THE COUNTY COUNSEL ���.� SILViANo B.MARCHESi COUNTY OF CONTRA COSTA ��.�.. -''�� COUNTY COUNSEL Administration Building •;,•' ''•, 651 Fine Street,90 Floor *t. ;* SHARON EFL.ANDERSON 1Aartinez, California 94553-1229 + CruorAsslsrArar x* ' GREGORY C. HARVEY (925) 335-18130 VALERIE J. RANCHE (925) 646-1078 (fax) AsswAws 5 frJ � -COU August 5, 2403 Tamara L. Attard 296 Camino Sobrante Orind a, CA 94563 Re: 1000 Fish Ranch Road;requirements for watertight sewage holding tank system Dear Ms. Attard: This responds to your July 31,2003 facsimile message to Supervisor Gayle B.Uilkema's Office,to the attention of Maeve Pessis regarding the permit you obtained from the East Bay Municipal Utility District("EBMUD'). County Ordinance Code section 4206.507 regulates individual systems within a drainage area of a domestic water supply reservoir, as follows; 420-6,507)individual system near a reservoir,variances. (a) Location. If the parcel or lot is located within a drainage area of a domestic water supply reservoir, any structure requiring disposal of sewage shall be connected to a community sewer collection system. (b)Variances. If a community sewer collection system is not available the health officer may grant a variance subject to the following: (1)If the parcel or lot is between fifty and one thousand feet from the reservoir or tributary stream a watertight sewage holding tank system,or equal will be required. Such system must be owned or operated by a presently existing public agency having statutory authority to provide such service. (2)Beyond one thousand feet from a reservoir or tributary stream an individual system or ether similar acceptable system may be permitted subject to all the conditions specified in Section 420- 6.505. (c) Variance Temporary. 1t is the intent of this chapter to provide maximum protection to the water quality of the waters stored in Tamara L. Attard August 5, 2003 Page 2 these reservoirs and any variance granted must be considered as an interim method of sewage disposal which shall not create situations that may became a menace to the public health. (Ords. 81-30 § 1, 68-16 § 3, 1752: prier code §4643: Ord. 1440). This office has been advised that your property at 1000 Fish Ranch Road is between fifty and one thousand feet from a tributary stream of a domestic water reservoir. Under subsection (b)(2) of section 4206.507, the Health Officer may grant a variance to the community sewer connection requirement of subsection(a)only if the property is served by a watertight scwage holding tank system.,or its equivalent,which system must be owned or operated by a presently existing public agency having statutory authority to provide such service. A permit from FBMUD for you to truck your septage to EBMUD's waste water treatment plant does not satisfy the requirement of subjection(b)(2),that the holding tank system be owned or operated by a public agency. If you have questions regarding County Ordinance Code section 420-6.507,please feel free to contact this office. Very truly yours, Silvano B.Marchesi, County Counsel By: Lillian T. Fujii Deputy County Counsel cc: Supervisor Gayle B. Uilkema Attn: Steve Dexter Attn: Maeve Pessis .Ken Stuart, Director, Environmental Health EAST BAY MUNICIPAL UTILITY DISTRICT DAVID R.NVIWAMS DIRECTOR OF WASTEWATER July 29, 2003 Tamara L. Attard Bayseng Spice Company 296 Camino Sobrante Orinda, CA 94563 Dear Ms. Attard: Re: Trucked Non-Hazardous Waste Disposal Permit Number 2506 Your Trucked Non-Hazardous Waste Disposal Permit will be mailed to you with 5 business days. Effective today, July 29, 2003 this permit allows to discharge septage waste from the following locations: Tamara Attard, 1000 Fish Ranch Road, Orinda, Ca 94563 and Bayseng Spice Company, 1001 Fish Ranch Road, Orinda,CA 94563 to the East Bay Municipal Utility District's Waste Water Treatment Plant located at 2020 Wake Avenue in Oakland. A Permit application fee of$25 will be billed to your account. Fees and charges will be billed as agreed upon in the Liquid Waste Acceptance Agreement(Agreement) of your permit Terms and Conditions. As stated in the Agreement, trucks will be charged based on full tank capacity for each delivery. These fees and charges will be billed to your account on a monthly basis. If you have any questions regarding this Permit, please contact Marie Kulka at (510) 2$7-1632. Sincerely, A�� 4� MARIE KUL,KA Wastewater Control Representative MAK:mak P.O.BOX 24055. OAKLAND. CA 9d$23.1056 . !6101 287.1405 woo (KeA ECO) it 0+0f "rl y� 010, M Wl Ilk `mak j♦ � �w l l i t +�s t' 1 ► i� inn ' ,+.. ,Jr." ►r ,w , yod S kJ y1 ter+ tc -lip a VJ% 04 ON w. "w1 M O• S r Fz ' •" G 6-04-2003 1 2:21 PM FROM AK'UUK F-'} UUUi—i Zn�. L.i u TREE SERVICE June 4, 2003 Tamara Attard Tel. 925-254-9513 Z96 Camino Sobrante Fax. 925-949-9292 Orinda, CA 94563 Cell 925-788-7870 Re: Bayseng Spice Co. Dear Tamara; Congratulations on your recent purchase. I appreciate the opportunity to review the plans for your facility at 1000 Fish Ranch Read, Orin.da.. T believe that having a small, organic herb ranch will compliment the neighborhood as well as the community. Once again, thanks for die opportunity to review your plans. I wish you every success in your new endeavor. Respectfully, Brian Crates Post Office Box 1256 Orinda, California 94563 Phone 925 254-87: 3 Off+cc Fax 925 2$4-5645 Canrracrors Licrnsc #621402 Shop Fax 510 540-4923 Pear Control Applicator Lieen:-c#QLR.651 $LATE E CAL]FORMA-Wi 7RAAiV IN A N Y RAY DAM aV*gVr DEPARTMENT OF TRANSPORTATION P 0 BOX 23OW OAKLAND,CA 94623-%% (540)296-4444 'DD(540)2W-4454 March 12, 2003 Ms. TAMARA.L. ATTARD 296 Camino Sobrante Orinda, CA 94563 RE: Parcel#265-180-016 Dear Ms. Attard: Caltran's District 4 Hydraulics Office has reviewed your improvement plan for the above referenced parcel adjacent to Fish Ranch Road in Contra Costa County. Per our conversation at my Office today,the proposed grading will not alter existing drainage patterns and is acceptable to Caltrans. Likewise,the location of the septic tank and drain field shown on the plans will not impact State facilities. If you have any questions regarding the issues outlined above please contact me at(5 10) 286-£377. Sincerely, OSE H E. PETERSON District Office Chief Hydraulics Tamara L. Attard 296 Camino Sobrante Orinda, CA 94563 (525)254-9513 cell: (925)788-7870 email: Camara tx.attard.com April 28, 2003 Scott D. Hill Ranger Supervisor East Ray Municipal Utility District 500 San Pablo Clam Road Orinda, CA 94563 Re: 1000 Fish Ranch Road Farm Improvement Plan Dear Scott: Thank you for taking the time last week to conduct a site visit at 1000 Fish Ranch Road and to review our proposed improvement plan for the above referenced property. As per our conversation at your office last week the location for the septic system shown on the plans will not impact EBMUD facilities. As your neighbor, it was nice to hear that EBMUD will not object to the issuance of a Contra Costa Environmental Health septic permit. Again, thank you for taking the time with me and please give me a call if you have any further questions or suggestions. Best regards, Tamara L.Attard Tamara Attard From: Barbara Gordon [barbarargordon@comcast.net] Sent: Tuesday,June 03,2003 7:43 AM To: tamara@attard.com Subject: meeting in April Just a quick note to put in writing what i felt the outcome of our meeting in April was. I had sent an email around to all the residents of this development;telling them that you would like to meet with our group of property owners to present your plans for developing the property along Fish Ranch Road.While several neighbors indicated they would drop by, none seemed particularly disturbed by the development prospects(i had mentioned in my email that you would be expanding the bay farm).In the end,only 2 neighbors showed up,and all of us were quite comfortable with your plants.I understood that you had met separately with Warren Chick, and he also seemed comfortable with what you had in mind. Later,we delivered the copies of the plans you had left with us to Warren, and again he had no misgivings. I hope the project is proceeding nicely;thanks for meeting with us. Barbara Gordon 714 Grizzly Terrace Dr. Oakland,CA 94611 6/3/2003 Action '' 2: r Support Sustainable Agricultural Activities Within the Corridor Description: Support continued sustainable agriculture activities of the Bayseng Spice Company on their property above [ the eastern entrance to the Caldecott Tunnel. Bayseng sustainably harvests bay leaves from the bay forest on its property,grows spices and herbs in the under story of this forest and in small clearings,manages vegetation to reduce fire risks, and processes their harvests in a small facility at the eastern end of Old Tunnel Road di- rectly adjacent to the Caltrans structure over the east- ern Caldecott Tunnel entrance. These current activities are consistent with both maintaining the ecological func- tion of the Caldecott Corridor and with controlling fire I risks. I Implementation: Send BaySeng a letter of support consistent with the t above. Fiscal Impacts: None. Anticipated results: Perhaps help private landowner to continue current ac- tivities which are consistent with the key objectives out- lined in this Plan. Cautions: None Chapter 6: Recommended Actions Page 63 APPEAL HEARING 2 CONTRA COSTA COUNTY HEALTH SERVICES 2 --000-- 4 Cor"Vi 5 6 IN RE: APPEAL REARING 2000 FISH RANCH ROAD, ORINDA 7 APN 265-180-026 8 9 10 TRANSCRIPT OF AUDIOAPED PROCEEDINGS ll MEETING OF JUNE 27 , 2003 12 13 r 14 PRESENT: 15 KENNETH C. STUART, Hearing Officer 16 RICHARD LEE, Supervising Enviroxunental 17 Health Specialist JEFF EDWARDS, Senior Environmental 18 Health Specialist 19 MICHAEL CERVANTES, Senior Environmental Health Specialist 20 LILLIAN FCUJI I , Deputy County Counsel TAMARA ATTARD, Applicant 21 PAUL ATTARD, Applicant MICHAEL LEWIS, Applicant 22 JIM LEWIS, Applicant NORM HANTZSCHE, Questa Engineering 23 24 25 Transcribed by. JOHN A. ZANDONELLA, CSR No. C-795 ,�.�...� Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 945204808 REPORTM SER%M MC91 —2 P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 PROCEEDINGS JUNE 27 , 2003 2 3 HEARING OFFICER: Since you' ve requested it, this 4 is the appeal hearing for basically the issue: of a 5 tributary setback stream, 100 Fish Ranch -- or 1000 6 Fish Ranch Road in Orinda. 7 I think for the record, most everybody knows who 8 is here. I'm Ken Stuart, the Hearing Officer. Jeff 9 Edwards, Senior Environmental Health Specialist, one of 10 the people working on the project. Michael Cervantes, 11 Senior Environmental Health Specialist working on the 12 project also at different times . Lillian Fujii, County 13 Counsel. Richard Lee, our supervisor. 14 Jaynes Lewis , if I remember right, We have Jim 15 here and Michael here. And then Paul Attard. And Norm 16 Hantzsche, who is the consultant for the. Attards. 17 Lillian had not met everybody. Basically you can 18 figure out we have a sister and two brothers 19 (unintelligible) . Norm is Questa Engineering in Point 20 Richmond. 21 MS. FUJII : And Tamara is here. 22 HEARING OFFICER: Tamara is here. Didn' t I -- I 23 didn' t recognize you? 24 M5 . ATTARD: No. 25 M . FUJII : No. .��,..� certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 SFJrM M. —2— P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 I MS. ATTARD: But I thinly. I've always been a 2 wallflower who shrank in the corner. 3 HEARING OFFICER: {Unintelligible. } I usually 4 don' t even get that far. 5 MS. ATTARD: I didn' t get the spirit award at 6 Miramonte for nothing. 7 HEARING OFFICER: What we basically are gonna be 8 doing today is the variance appeal basically through 9 their representative Norm Hantasche, that -- 10 MS. FUJII : Maybe what we could do is find their 11 appeal letter in this packet. 12 HEARING OFFICER: Yes, it' s the first one, or 13 should be. Norm' s letter is about the third one down, 14 May 21st, requesting the variance approval 15 And then my letter to Tamara is the appeal is 16 based on the contention that Contra Costa County Code 17 allows topographical factors to be considered in the 18 interpretation of the 1,000 foot setback requirements 19 from tributary streams for onsite wastewater systems . 20 I' ve made it clear to start with that I will be 21 taking this as a determination. I will make a decision 22 within five days and provide it in writing to you 23 (unintelligible) . So basically I will try and listen 24 to things today. I will able to ask questions bath 25 ways. Certified Shorthand Reporters 2321 Stanwell give?Concord,CA 94520w4908 N — P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?fax(925)685-3829 I Lillian is here as my counsel basically, counsel 2 for our division and representing County Counsel and 3 County Administrator' s Office. 4 I' d like to start with -- Richard, who do you 5 want? Do you want Jeff and Michael to talk a little 6 bit about the project and what they' re seeing, and then 7 we can go ahead with one and so forth to provide some 8 testimony. So who do you want first? 9 MR. LEE: Michael is the one that initiated the 10 project. Jeff came in to help him survey the property. 11 So we' ll have Michael Cervantes start off. 12 MR. CERVANTES: Well, we --- 13 MS. FUJII : Well, maybe we should listen to the 14 presenters of the project first. 15 MS. ATTARD: Okay. So we wanted to give the 16 property history, so Michael was going to give the 17 historical planned uses and structures from a 18 historical perspective. 19 MR. MICHAEL LEWIS: Yeah, if you take a look at 20 this yellow sheet here, we wanted to kind of present 21 some general information about the area. And there is 22 a little -- I hope you don' t mind, there' s a little 23 interesting history that I'm gonna go into. 24 And then I think. Jim' s gonna go over some of the 25 different aspects, and then Tamara' s gonna do some Certified Shorthand Reporters A i3V 2321 Stanwell Drive?Concord,CA 945204808 REPOR17M MRim-we— –4– P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 I things . And then Norm will do the bulk of what you see 2 on this yellow sheet of paper. So I think that' s our 3 general format. 4 Do we have a map? 5 MR.. I have a map. 6 MR. MICHAEL LEWIS: Of the whale area? 7 MS . ATTARD: Yeah, that' s the whole area. And 8 then there' s --- 9 MR. MICHAEL LEWIS: All right. Okay. 10 MS. ATTARD: I think, you want me to hand these 11 out? 12 MR. MICHAEL LEWIS: Yes . 13 MS. ATTARD: Okay? 14 MR. MICHAEL LEWIS: Yes . 15 MS . ATTARD: This a map, you can see 16 (unintelligible) . 17 MR. MICHAEL LEWIS: So this whole area here was 18 basically started in the mid 1800s . The Buckley estate 19 was basically a quarter section that came out there. 20 And the Buckley house was right literally at the foot 21 of where the Cald+ecott Tunnel comes out today. So if -22 you take a look at aerial photographs from the `209, 23 you' ll see: the Buckley estate right there. And that' s 24 from the mid 1800s that that place was there. And all 25 these properties are really from that place. Certified Shorthand Reporters ' 2321 Stanwell Drive?Concord,CA 945204808 R iG INC. _5— P.O.Box 4207?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 Just a little bit to the -- you know, up Fish 2 Ranch Road area, in the 1880s, there was a famous guy 3 that was called Dr. Wiley' s Discovery. And this is a 4 gentleman that became famous making an elixir that was 5 quoted in the newspapers that was warranted to subdue 6 every malady that might disturb the life of homo 7 sapiens . This guy brewed this tonic from the bay 8 leaves that were literally right there in that canyon 9 on Fish Ranch Road. 10 So you know, we had heard stories about this and 11 then -- 12 MS. FUJII : Fish Ranch. 13 MR. MICHAEL LEWIS: Fish Ranch Road.. This is Fish 14 Ranch Road right here. So this is the top of the 15 summit. For anyone that can' t see the map, this is the 16 top of the summit here. This is the bottom. This is 17 where the Buckley house was . And this is where Dr. 18 Wiley' s famous discovery was brewed .from the local bay 19 trees right in this area. 20 And you know, we got involved with this . My 21 brother and I went to -- actually all three of us went 22 to Cal and we went to College of Natural Resources over 23 there. We'd be driving up Fish Ranch Road from the 24 Orinda area to school, you know, every day. And that' s 25 how we originally got .involved with the property there. .�..... Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 943204848 -6— P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 When we first purchased the property, we got 2 pretty close to the guys over at Caltrans . And one of 3 the guys at Caltrans gave us an old box of this 4 Dr. Wiley' s Discovery. We actually have one of the 5 bottles right here from, you know, 100-year-old stuff 6 that was -- we kind of keep this as a memento to let us 7 know that there were bay leaves that they brewed that 8 would cure every malady. So a little history on that. 9 That' s 1880s . 10 You know, as the Bay Area grew, you have the 11 Centra Costa area and the Oakland area, two big areas 12 that were growing and growing, divided by this mountain 13 range in the middle. So they would be using horses, 14 the Pony Express went right through. there. 15 They would have stagecoaches that would literally 16 stop at the Summit House. There was a Summit House on 17 the tap, literally if you go to the intersection of 18 where Fish Ranch, Grizzly Peak and Claremont come 19 together, right there at the top, that was where the 20 Summit House was. And that' s where the stage would 21 stop. 22 There would be a little -hotel there that was known 23 as the one and a half story place. They had a little 24 ox that would turn around to get the water out of the 25 well.. They had a mine, a coal mine to the north and a ..�......�. Certified Shorthand Reporters 1321 Stanwell Drive?Concord,CA 94520 4808 P.O.Box 4107 7 Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 I coal mine to the south. It' s kind of interesting 2 history that some people don' t know. It was all right 3 there at the top. 4 And then later on at that Summit House as it, you 5 know, broke: down and so forth, it was turned into a gas 6 station. Once again, cars going up to the hill, their 7 radiators couldn' t be that strong so they needed to 8 refresh their radiator at the top of the hill. So that 9 was known as the Summit douse up there. 10 Then as you advanced, right around the turn of the 11 century, 1903, after about 40 years of trying and 12 failing, people finally bore through and created the 13 first old tunnel . 14 And on the east side of that old tunnel, you have 15 the Canary Cottage. Canary Cottage is what' s now owned 16 by the park service. Bast Bay Regional Park has a 17 house there and an office there. 18 And that little place, the Canary Cottage used to 19 be a little hotel, little saloon, a place that people 20 would stay, you know, as they were going through on 21 their long journey between the two counties. So that' s 22 the Canary Cottage. 23 And then at the foot of Old Tunnel Road and Fish 24 Ranch Road, you know, as the quarry that is the side 25 vents as you now know for the Sibley volcano where the Certified Shorthand Reporters y _ 2321 Stanwell Drive?Concord,CA 94520-4808 REPC>R't'Yl'iG� .114C. P.O.Box 4107?Concord,CA 945244107 (925)585-6222?Fax(925)685-3829 I parks are filling that in right now, there was a weigh 2 station down there which is right at this intersection 3 right here. So the weigh station was right here. And 4 they had a little house there with, you know, toilet, 5 bathroom and stuff, where people would come in there 6 and they' d weigh the material that they got out of the 7 quarry. 8 Then later on in the 120s, they had some guy that 9 thought it would be a good idea to put some houses in 10 the Fish Ranch Road area. So what he did is hes talked 11 to the people that own the property and said I' ll take, 12 you know, this land right here that will be basically 13 150 feet deep from the center of Fish Ranch Road, 150 14 feet deep into the property, and I' ll take, you know, 15 basically I'm gonna put some homes in there. 16 So this was in the 120s, of course before the 17 depression. And they basically created a parcel that 18 now is known as the Ned Clyde property. And they were 19 gonna have homes that would be basically quarter acre 20 lots . So that would be 20 homes, the density would be 21 20 homes per five acres of land. So you know, you'd 22 have 75 feet by 150 feet deep, basically quarter acre 23 parcels. 24 And you know, back then they just had very 25 primitive septic systems so each one would have -- that Certified shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 REPoWnM snv .Imo. P,O.Box 4107?Concord,CA 945244107 (925)685-6222'.fax(925)685-3829 1 was considered a lot of land. But of course, the land 2 that we' re talking about today, five acres for a home 3 is much more than that. 4 So back then, they had created that parcel to have 5 that density and so forth. Then basically the 6 depression happened in the 130s. That project ran out 7 of money, ran out of people that they thought would be 8 able to buy these homes , so that just stopped. 9 A guy named Nissen (phonetic) picked up the 10 properties in the early 140s, who was an employee out 11 at the Shell plant, and always planned on building his 12 home there, lured over in Redwood City and never built 13 on it. And thein we purchased the property back in the 14 mid 180s. 15 MR. FUJII : From Nissen. 16 MR. MICHAEL LEWIS: From Nissen, right. And then 17 that' s the subdivision, and Jim will talk about that. 18 That' s a little bit of the history of the whole 19 area there. So you' ve got, you know, everything from 20 Dr. Wiley' s Discovery, the Buckley estate, the Summit 21 House on the top, Canary Cottage over at the tunnel, 22 the first old tunnel, the weigh .station down there. 23 And of course, I guess the tunnel went through and 24 was completed in 137 . And that was a huge, huge 25 project for the whole state. The biggest, almost 4,000 ,�r Certified Shorthand Reporters —10— 2321 Stanwell Chive?Concord,CA 94520-4808 P.U.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 I foot tunnel that was put in. 2 MS . FUJII : You' ve owned this property for hoar 3 long? 4 MS . ATTARD: Since the early 180s . 5 MR. MICHAEL LEWIS: Yeah, since the 180s, 185, 6 ' 86. 7 Now, I'm gonna just talk very briefly on the 8 septic systems that have been involved in that area 9 since the 190s, you know, so the newer systems have 10 gone in. 11 There' s a guy named Delbert Uhland who got 12 involved with the. Stone property before the parks got 13 involved with the property. And he had got some 14 property through (unintelligible) . And he put in a 15 septic system in the mid 190s that was basically on the 16 end of Old Tunnel Road, okay? 17 Then you have this guy, Dr. Keaton, who has a 18 parcel of Land back in there. He put, on his parcel of 19 land, they have a septic system that' s off of Fish 20 Ranch Road that was installed in the mid 190s and then 21 upgraded and, you know, basically a brand new system 22 put in and then completed in 2001 . 23 So that brand new system was updated and completed 24 in 2001 , just a couple years ago. And actually, that 25 house is not even being used. They haven' t built the Certified Shorthand Reporters + _ 2321 Stanwell Chive?Concord,CA 945204808 REPORT _ 1 P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 house yet `cause it' s a big project. 2 Then you have the Canary Cottage. That property, 3 when the parks took over that property, they went in 4 there and they said, well, gee, this system just had a 5 couple drums that were being, 55-gallon drums that were 6 being used as the holding tank and then a line that 7 just went out. 8 They decided to replace that system and put a new 9 system in right there. That' s on old Tunnel Road. 10 That was done shortly after the parks got in there and 11 in the 190s here. 12 And then of course, the Lewises have had two 13 different systems where we've gone down to the County 14 on Fish Ranch Road and been approved to put in systems . 15 We never thought it was a problem to go get those 16 completed, decided to go into other projects instead. 17 We never completed those systems. But we were approved 18 for two systems to go in, you know, for many, many 19 years . 20 MS. FUJII : Are they on this map? 21 MR. MICHAEL LEWIS: What' s that? 22 MS. FUJII : Are they on this map? 23 MR. MICHAEL LEWIS: Yeah. It would be basically, 24 okay, if you look at the map, look at my finger --- 25 MS. FUJII : Uh-huh. ....�.....m. Certified Shorthand Reporters —12— 2321 Stanwell Drive?Concord,CA 94520-4808 P.O.Box 4107 7 Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3824 1 MR. MICHAEL LEWIS: -- you have Fish Ranch Read 2 right here. Either of those are little parcels that 5 we' re talking about. That' s 150 feet. That' s the top 4 of the property or the middle of Fish Ranch Read. This 5 is the summit, like I said. 6 On the left side of this map right here is where 7 the two permits were issued here, it says 191 and 1 96. 8 MS. FUJII : Oh, so these are parcels . These are 9 Lots, these are not -- these are not parcelized. 10 MS. ATTARD: They are. 11 MR. MICHAEL LEWIS: Actually, you see where those 12 two P' s are? That' s a permit. 13 MS. FUJII : Uh-huh. One parcel? 14 MR. MICHAEL LEWIS: And that' s actually two 15 parcels . 16 MS. ATTARD: This is two parcels . One parcel here 17 and -- 18 MS. FUJII : 4h, so the parcel lines are not here, 19 MR. MICHAEL LEWIS: There' s only really on parcel 20 line that' s not there. 21 MS. ATTARD: Right. 22 MR. MICHAEL LEWIS: Everything else is there. And 23 that' s that one parcel that' s right there. 24 MS. ATTARD: This is the new septic system 25 installed here, here and. here. Then the permit issued Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 —13— P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 for the septic system but was never completed is here, 2 here and here. 3 MS. FUJII : Yeah. See, I'm not understanding how 4 so many permits were issued for one parcel . 5 MS. ATTARD: Because we --- 6 MR. MICHAEL LEWIS: There' s two parcels . 7 MS. ATTARD: One thing that happened is our mother 8 passed away in the middle of the project, and -- 9 MR. JIM LEWIS : The 191 permits expired, and so in 10 196 -- 11 MS . FUJII : Oh, okay. 12 MR. JIM LEWIS: r-- we were getting a new permit. 13 And then my mother got ill, and we dropped that one. 14 MS. FUJI I : You want to drays on your --- you know, 15 this is -- 16 MR. MICHAEL LEWIS: Yeah, go ahead and just put a 17 line. 18 MS. FUJII : You don' t mind if I make it so I 19 understand it. 20 MR. MICHAEL LEWIS: There' s one line. 21 MS . FUJII: This is just an informal hearing. 22 MR. MICHAEL LEWIS: Dight. Right. 23 HEARING OFFICER: So you own both sides of the 24 road. 25 MS. ATTARD: Yes. Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 —14— Y.O.Box 4107?Concord,CA 94524-4107 Kh (925)685-6222?Fax(925)6853829 I MR.. MICHAEL LEWIS: Yes . 2 MS. FUJII : Don' t worry if it' s not totally 3 accurate. This is just an informal hearing. 4 MR. MICHAEL LEWIS: Just so you see, this dawn 5 there -- 6 MS. FUJII : You' re not bound by anything stated 7 here. 8 MR. MICHAEL LEWIS: Yeah. 5o basically, you 9 should have a line on your -- does that clarify it, 10 Lillian? 11 MS. FUJII : I think everybody else here knows 12 what' s going on. 13 MR. MICHAEL LEWIS: leo, no. That' s okay. Ask any 14 question you have. 15 MS. FUJII : There were two issued in 191 - - 16 MR. MICHAEL LEWIS: Yeah. 17 MS. FUJII : -- for two parcels? 18 MR. MICHAEL LEWIS : Two separate parcels. 19 MS. FUJII : Okay. And these were not ever built? 20 MR. MICHAEL LEWIS : They were not. 21 MS. FUJII : They expired. 22 MR. MICHAEL LEWIS: They expired. 23 MS. FUJII : Okay. 24 MR. MICHAEL LEWIS: And we felt no urgency on 25 that. Certified Shorthand Reporters 5— 2321 Stanwell Drive?Concord,CA 94524-4808 REPOR1 t?'Ks SERVM 11'iC. P.O.Box 4107?Concord,CA 94524-4147 (925)685¢6222 7 Fax(925)685-3829 1 MS . FUJII : Okay. 2 MR. MICHAEL LEWIS: As we look in hindsight -- 3 MS . FUJII Uh-huh. 4 MR. MICHAEL LEWIS: -- of course, if we had done 5 it, we wouldn' t be here today. 6 MS. FUJII : Okay. What about this 1996 P? 7 MR. MICHAEL LEWIS: That was a permit that we had 8 issued -- 9 MS. FUJI I : Uh--huh. 10 MR. MICHAEL LEWIS: -- and let it expire. 11 MS. FUJII : Okay. 12 MR. JIM LEWIS: And actually, we -- 13 MR. MIC'H'AEL LEWIS: Well, actually -- 14 MR. JIM LEWIS: Yeah. 15 MR. MICHAEL LEIS: -- let me go ahead and finish. 16 He' ll get into that stuff right there. And let me just 17 go ahead. 18 So this is a little bit of the history of this 19 whole area. You know, here' s, as you look on the map, 20 my finder right here, that' s the Canary Cottage. 21 That' s where the old tunnel "went in, so that' s where 22 the parks are right now. 23 MS . FUJII: Oh. 24 MR. MICHAEL LEWIS: So that' s a system that just 25 .went in there, you know, so you have an idea on these Certified Shorthand Reporters _ _ 2321 Stanwell Drive?Concord,CA 94520-4808 P.(7.Box 4107?Concord,CA 94524-4107 (925)683-6222?Fax(925)685-3829 I different systems that have all happened within the 2 `90s . 3 (Unintelligible comments. ) 4 MS. ATTARD: I'm sorry. What? 5 MR. LEE: I said they probably have, they have 6 restrooms out there in the parks. 7 MS. ATTARD: No, this is a -- 8 MR. MICHAEL LEWIS : Park residence. 9 MS. ATTARD: -- residence. 10 MR. MICHAEL LEWIS: Residence. 11 MR. LEE: Right. 12 MR. MICHAEL LEWIS: So they have a residence, and 13 of course they have a complete system. 14 MR. LEE: Okay. 15 MS. ATTARD: But it' s a park. 16 MR. MICHAEL LEWIS: You' re thinking of East Bay -- 17 MS. FUJII : We' re talking about the park system - - 18 MR. MICHAEL LEWIS : -- something totally 19 different. 20 MS. FUJII : -- right? 21 MR. MICHAEL LEWIS: We' re talking about East Bay 22 Regional Park District, yeah. 23 MR. JIM LEWIS: Can that one. 24 MS. ATTARD: It' s not open to the public. 25 MR. MICHAEL LEWIS: Yeah, they have a -- Certified Shorthand Reporters — — 2321 Stanwell Drive?Concord,CA 94520-4808 REPORH P.O.Box 4107?Concord,CA 94524-4107 (925)685#6222?Fax(925)685-3824 1 MS. ATTARD: A park ranger lives there. 2 MR. MICHAEL LEWIS: They have a house and their 3 office. Ed Leong, he' s the manager of the whole area 4 for the parks, his office is right there. 5 MS. ATTARD: And he lives there. 6 MR. MICHAEL LEWIS : No, no. And there' s another 7 ranger that lives there. Ed doesn' t live there. Is 8 that clear? 9 MR. MICHAEL LEWIS: Uh-huh. 10 MS. ATTARD: I'm sorry. What? 11 MS. FUJII : You can go -- 12 MS. ATTARD: No, no. Would you like to 13 (unintelligible) . 14 MR. LEE: The one we' re talking about? 15 MS. ATTARD: Yeah. 16 MR. MICHAEL LEWIS: We have a highlighter. 17 MR. LEE: Yeah, this is the one (unintelligible) . 18 MR. JIM LEWIS : I think my brother has a 19 highlighter too, a ,highlighter. 20 MR. LEE: {okay. So here' s the (unintelligible) 21 this side of the street -- 22 MS. FUJI I : Uh--huh. 23 MR. -- is 1000 . 24 MS. FUJII : This one is 1000? 25 MR. Yeah, the whole thing. Certified Shorthand Reporters ' s 2321 Stanwell Drive?Concord,CA 945204808 rREPOSUM;ERVIM M P.O.Box 4107?Concord,CA 943244107 (925)685-6222?Fax(925)6853829 I MS. FUJII: Okay. Okay. 2 MR. JIM LEWIS: This will make it more easy so you 3 can -- 4 MS. FUJII : Okay. 2 just want to -- 5 MR. MICHAEL LEWIS: Yeah. No, it' s a little -- 6 MR. JIM LEWIS: On the other side of the road, 7 too. 8 MR. LEE: That' s not 1000 Fish Ranch Road, right? 9 MR. MICHAEL LEWIS: No, the -- 10 MR. JIM LEWIS: Just for 1000. 11 MR. MICHAEL LEWIS: Oh, okay. 12 MR. LEE: Just talking about 1000 . 13 MR. MICHAEL LEWIS: Yeah, you just want to know 14 about 1.000 . 15 MS. FUJII: I just asked. 16 MR. LEE: She just wanted to know which one it 17 was . 18 MR. MICHAEL LEWIS: And we've never had a permit 19 issued on 1000. 20 MS. FUJII: Okay. 21 MR. MICHAEL LEWIS: Okay. So let me just finish. 22 Then I wanted to say that as far as the bay leaves 23 for -- I don' t know .if you' re interested, but you have 24 bay leaves . These are the different bay leaves that we 25 sell. Certified Shorthand Reporters 19— 2321 Stanwell Drive?Concord,CA 94520 4808 5EWICK 11'i#:`. P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 We started 25 years ago supplying Spice Islands . 2 Spice Islands started in the Bay Area in the 130s . 3 Then we supply these ether companies, and this is our 4 own label . And then this of course is Dr. Wiley' s. 5 Basically, then that dives you a little bit of 6 history of the area and, you knew, how the homes have 7 either been there or the different septic systems were 8 there or, you know, you have the Summit House and their 9 septic systems . 10 Any questions on that? Great. Okay. 11 MS. ATTARD: Okay. Jim' s gonna talk about the 12 subdivision. And I will hand out the subdivision 13 information. 14 MR. Subdivision, this is talking about 15 subdivision? 16 MS. ATTARD: Yes . There was a subdivision that 17 was created in -- 18 MR. JIM LEWIS : 1 $6. 19 MS. ATTARD: -- 1956. Here, I' ll give you this 20 stuff as you start to talk about the subdivision, all 21 right? . And did you want me to pars this out now? 22 MR. JIM LEWIS: Yeah. I made a quick little 23 history of some of the pertinent ordinances for septic 24 systems, especially pertaining to subdivision. 25 MS. FUJII : Do you have these for us? .+ Certified Shorthand Reporters —20— 2321 Stanwell Drive 7 Concord,CA 94520-4808 REPCWM P.U.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 MS. ATTARD: I do. 2 MR. JIM LRW''I S: Yeah. 3 MS. AATTARD: Let me start dawn at this end. So 4 basically in 133 is the first reference I'm aware of 5 where septic systems were addressed, you know, because 6 at that time, you know, most communities were going to 7 sewers but there were still many areas of the County 8 that did not have sewer availability. 9 So what happened in 133 with this ordinance, you 10 knew, that specified various aspects of that was that 11 the County decided that no subdivision should be 12 allowed to go in without the septic or sewer being 13 addressed. 14 MS. FUJII : Yes. 15 MR. JIM LEWIS: And as the ordinances progressed, 16 they required that the Health Department become more 17 and more involved with making sure that every 18 subdivision would be able to be sewer, either with an 19 individual system or that it would, you know, be in a 20 sanitary district or be incorporated into a sanitary 21 district. 22 And so one of the requirements of=-- this property 23 was split, and the read is the dividing line, started 24 in 184 and then was finished in 186. And one of the 25 agencies that had to receive this tentative map, which +� certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 REPORI I OG bC. P.U.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3824 1 was further clarified back down in May 19th of 181 , 2 ordinance 81-30, you know, the Health Officer is 3 obligated to do a site evaluation for all subdivisions 4 to determine the feasibility of installing individual 5 systems . 6 So there was a checklist where this proposed 7 subdivision, minor subdivision was sent to the Health 8 Department. They apparently had no objections . They 9 did comment on surface water drainage of the property 10 and said doesn' t appear to be a problem and did not 11 raise the issue of the septic system, possibly because 12 they were aware: of the permits that had been issued in 13 the area. And you know, it'•s five acres , you know, and 14 there hadn' t been any problems with the other ones . I 15 don' t know what their reasoning was . 16 But the point is, is that all of these ordinances 17 specify that a subdivision should be allowed to be 18 finalized, you know, unless it' s possible for a septic 19 system to go on the property. So that was basically de 20 facto determined to be the case, as I understand the 21 ordinance. 22 MS. FUJII . I wouldn' t- go so far. Subdivisions 23 get approved by mistake all the time, but that doesn' t 24 mean that you' re automatically allowed to have a septic 25 system where regulations otherwise don' t allow it. Certified Shorthand Reporters 2323 Stanwell Drive?Concord,CA 945201-4808 1Y` `22-• P.O.Box 41017 1 Concord,CA 945244307 (925)585-6222?fax(925)685-3829 1 MR. JIM LEWIS: As I read the ordinance, if a 2 septic system was not passible to go on the property, 3 subdivision should not have been approved. 4 MS . FUJII : Well, maybe it shouldn' t have been 5 approved. 6 MR. JIM LEWIS : Maybe. 7 MR. MICHAEL LEWIS: But that' s a different issue. 8 MR. JIM LEWIS: Yeah. I'm just saying -- 9 MS. FUJII: Okay. 10 MR. JIM LEWIS: -- that it was approved. 11 MS. FUJII : I'm ,just saying just because it was 12 approved doesn' t mean that you' re automatically allowed 13 to have a septic system where your regulations 14 otherwise do not require it. There' s no way -- 15 MR. MICHAEL LEWIS: He' s just saying that if you 16 can' t have a septic system on there, then you' re 17 automatically disqualified from being able to have a 18 subdivision. 19 MS. FUJII : I wouldn' t go so far. 20 MR. MICHAEL LEWI S: Okay. Okay. 21 MS. FUJII : Subdivisions are, you know, sometimes 22 granted when they shouldn' t have been. But- there is 23 nothing in the Ordinance Codi: that says by granting -- 24 you' re given a subdivision, especially an older one 25 where -- certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 P.O.Box 4167?Concord,CA 94324-4107 "warm so (925)685-6222 7 Fax(925)685-3829 1 MR. JIM LEWIS: Older one? 2 MS. ATTARDA 1986? 3 MS. FUJII : Yeah. 4 MS. ATTARD: 1986? 5 MS. FUJII . Yeah. 6 MR. JIM LEWIS: But there' s no code after that. 7 MS . FUJII : But that doesn' t mean that you' re 8 automatically going to be allowed, to have a septic 9 system. 10 MR. JIM LEWIS: As I understand the way the code 11 is written, if the property is -- if it is not possible 12 for the septic system on the property and it' s not 13 available for sewer, then the health Department shall 14 not approve the subdivision or shall approve it 15 conditionally. 16 MS. FUJII : Okay. What section -- 17 MR. JIM LEWIS: And it says that right in the 18 ordinance. 19 MS. FUJII : Okay. 20 MR. JIM LEWIS: no you have the ordinance? 21 MS. ATTARD: Yes . 22 MR. JIM LEWIS: If this is an issue, maybes we, 23 should go directly to the ordinance and get the 24 verbiage. 25 MS. FUJII : Are you saying that just because the .�.« certified Shorthand Reporters _ Y 2321 Stanwell Drive?Concord,CA.94524-4808 �� P.O.Box 4107 7 Concord,CA 94524-4107 AfFoRnm (925)685-6222?Fax(925)6853829 1 subdivision was approved, that you should be allowed to 2 have a septic system on the -- 3 MR. MICHAEL LEWIS: No, I -- 4 MS . FUJII : -- property somewhere? Because that 5 is not the issue that I -- 6 MR. HANTZSCHE: No, I think what he' s saying is 7 the fact that the subdivision was approved in 1986 8 under ordinance conditions which were stated here, 9 we' re appealing, the 1 ,000 foot setback to a reservoir 10 (unintelligible) , that was in effect at the time the 11 subdivision was approved. So that by ordinance must 12 have been taken into account in the approval of the 13 subdivision. The code does require consideration of 14 compliance with County standards to create the 15 subdivision. 16 Now, a lot of -- 17 MR. LEE: 1000 foot. 18 MS. FUJII : Okay. So this is not the 1 , 000 foot 19 issue. 20 MR. HANTZSCHE: No, no. It' s simply a piece of -- 21 MS . ATTARD: Fact. 22 MS. FUJII: Okay. 23 MR. HANTZSCHE: Yeah, a fact that the -- 24 MS. FUJII: No, it' s not a problem. It' s not a 25 problem. ...«,...,, Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 945204808 SERVWL TM. —25— P.O.Bax 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 I MR. HANTZSCHE: Yeah. 2 MR. JIM LEWIS: Yeah, we can go over it later. 3 MS. FUJII : I'm trying to -- 4 MR. HANTZSCHE: Right. 5 M5. FUJII : -- figure out what' s going on. 6 MR. JIM LEWIS: "Yeah. 7 MR. HANTZSCHE: The rule was in effect, the 1, 000 8 foot rule was in effect at the time the subdivision was 9 approved. And the subdivision was approved with the 10 expectation that it would be served by an onsite septic 11 system. 12 And the ordinance in effect for subdivisions 13 requires that those factors be considered in the Health 14 Department' s review of the feasibility of the 15 subdivision. So therefore, our argument is that it was 16 considered and not believed to be applicable to this -- 17 or to be a constraint for the property to have a septic 18 system. Is that -- 19 MR. JIM LEWIS: I think Norm put it perfectly. 20 The permit is -- 21 MS. FQJII : Okay. 22 MR. JIM LEWIS: -- as I understand it, still 23 correct. 24 That' s pretty much it. I just wanted to point out 25 that the subdivision was approved and that the �..,�. ... Certified Shorthand Reporters 2 2321 Stanwell Drive?Concord,CA 94520-4808 P.O.Box 4107?Concord,CA 94524-4207 REPORMW.-$1 (925)685-6222?Fax(925)585-3829 1 ordinance requires the Health Officer to determine that 2 the, you know, property doesn' t have a problem with 3 having onsite sewage disposal system, as indicated by 4 the fact that they reviewed the subdivision and had no 5 abjection. 6 Mr. MICHAEL LEWIS: Great. Any questions? 7 MS. ATTARL: Any questions of the subdivision 8 before we go on to the water well, Caltrans easement 9 and planned uses? Are there any questions before we 10 move on? 11 REARING OFFICER: Go ahead. 12 MS. A2"TARD: Okay. Great. I'm handing out now a 13 plan which is what the proposed use for the five acres 14 is, along with just the chronology. 15 And as you can see, the use from a historical 16 perspective is quite different. It' s just a planned 17 expansion of our Bayseng operation across the way. And 18 it' s a beautiful combination of one side has got all 19 the trees and is sheltered and the other side has sun. 20 And so we can grow a lot, a nice variety of firs . 21 So Michael, you don' t need one? It' s the same one 22 you have. 23 And you know, through the process of, you know, 24 chronology of events, I think that the planned use is 25 very synergistic with the area. We have been a part of w.... Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 REPOMMIG SERVXX P.O.Bax 4207 7 Concord,CA 945244107 (925)585-6222?Fax(925)685-3829 1 the wildlife corridor --- 2 MS. pUJI I : (Inaudible. ) 3 MS. ATTARD: I'm sorry. What? 4 MS. FUJII : (Unintelligible) about the house? 5 MS. ATTARD: No. What we' re doing is we've got 6 the greenhouse, which is where we' re growing our herbs , 7 and the cottage which is a caretaker cottage. 8 Right now, every day we go out to the farm, which 9 we call it, and we go home at night. We leave 10 everything. We' d like to have one person managing, you 11 know, staying there to make sure that -- 12 MR. MICHAEL LEWIS: Security. 13 MS. ATTARD: You knew, we've got a security 14 problem. And the Caltrans office people were there 15 watching things, but at night they go sway. And we'd 16 love to have somebody out there 24/seven to be able 17 to (unintelligible) the crime and the trash. We've 18 taken off ten duptruck loads of garbage just on the 19 corner of the five acres . I mean it' s really gross 20 stuff. And it' s, you know, a fire danger. 21 And part of the wildlife corridor that easement 22 was -- how long ago was that, five years, three 23 years -- 24 MR. JIM LEWIS: The trash was dumped by -- 25 MS. ATTARD: Other people. Certified Shorthand Reporters M mom i Z, _ 2321 Stanwell Drive?Concord,CA 94520-4808 r,kpcwmP.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Pax(925)685-3829 1 MR. JIM LEWIS : -- other people, not the property 2 owners . 3 MS. FUJII: (Unintelligible. ) 4 MS. ATTARD: Right. 5 MR. JIM LEWIS: Right. They stop their car. 6 MS. ATTARD: Dump their refrigerators there. 7 MR. MICHAEL LEWIS : We've found safes out there 8 and, what' s that called, a cash register -- 9 MR. JIM LEWIS: Drawer"? 10 MR. MICHAEL LEWIS: --- drawers . 11 MR. LEE: Was there anything in it? 12 MR. MICHAEL LEWIS: And syringes? 13 MS. ATTARD: No. 14 MR. JIM LEWIS: There was pennies . Everything 15 else was gone. 16 MR. MICHAEL LEWIS: Syringes, you name it, it was 17 out there. 18 MS. ATTARD: And of course, the wildlife corridor 19 study basically supported what we' re doing because we 20 get rid of the French broom. And from a fire danger, 21 this area is extremely sensitive. And you know, 22 clearing out the brush and the weeds and keeping the 23 bay and oak trees growing is a benefit to the area. 24 And you knew, Caltrans supports us. I've gone to 25 all the agencies and presented the plans. You know, certified Shorthand Reporters — — 2321 Stanwell Drive?Concord,CA 94520 4808 P.O.Bax 4107?Concord,CA 943244107 (925)685-6222?fax(925)685-3829 1 Caltrans has a drainage easement and they' re fine with 2 this septic system being there. 3 MR. MICHAEL LEWIS: She had a question. 4 MS . ATTARD: Yes . 5 MS. FUJII : Is there a plan? 6 MS. ATTARD: Plan? 7 MS. FUJII : Yeah, you said everyone supports your 8 plan. 9 MS. ATTARD: This plan right here. This thing 10 right here. . This is my plot plan. 11 MS. FUJII : What is it? 12 MS. ATTARD: This is a plot plan. that I submitted 13 that has a drain field, a septic tank, a cottage and a 14 greenhouse. I just handed it out. 15 MR. MICHAEL LEWIS: A modest plan. 16 MR. LEE: This one, she' s saying this is her plot 17 plan. 18 MS. FUJII : Okay. 19 MR. LEE: This one. 20 MS. FUJII: This is the one that you handed out to 21 us? 22 MR. LEE: Right, this is it. 23 MR. JIM LEWIS: 'Yeah, this page and this right 24 here. So in other words, she' s taken this sheet of 25 paper to different places . Certified Shorthand Reporters ' 2321 Stanwell Drive?Concord,CA 945204808 I 11rK* IM M —30— P.O.Box 4107?Concord,CA 94524-4107 (925)585-6222?Fax(425)685-3829 1 MS. F'UJII: Oh, here. 2 MR. JIM LEWIS: To parks and _- 3 MR. HANTZSCHE: To neighboring properties and 4 other places . 5 MR. JIM LEWIS: Yeah. 6 MS. ATTARD: I've gone to all of my neighbors . I 7 have a letter of support from, you know, Brian Gates, 8 who is Expert Tree Service; from the Grizzly Peak 9 Estates, my family. 10 But I' ve also gone to Caltrans . I have a letter 11 of support for the septic system. They went out and 12 surveyed the area and determined that the drain field 13 would not affect their drainage. 14 Scott Hill from East Bay MUD was out there, as 15 Michael will recall , and surveyed the area and said 16 that East Bay MUD is not in the -- they can' t write me 17 a letter of support. 18 But I documented it, which is in your file, that 19 they do not feel that it is going to affect the water 20 quality in any way, shape or form having a septic 21 system 750 feet downhill at an elevation of S© to 100 22 feet on a broken drain pipe going into a culvert going 23 down to Highway 24 and, you know, drainage to a 24 reservoir pipe for six miles . 25 So they said, which is in the letter, that when ........d certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520.4808 P.O.Bax 4107?Concord,CA 945244107 (925)685-62229 Fax(925)685-3829 I the permits as a neighbor gets seat to them, they will. 2 not, you knew, they won' t object to the septic system 3 because it will not affect water quality in any way, 4 shape or form. 5 And so this is just a simple plot plan that' s been 6 shared with every neighbor, and we've got support from 7 everyone. 8 MS. FUJII: Maybe for me -- I'm sorry. What did 9 you submit to the Health Department? 10 MS . ATTARD: This. 11 MS . FUJII. Oh, this is what they --- okay. 12 MS. ATTARD: And all the different applications. 13 MS. FUJII: Okay. Okay. 14 MS . ATTARD: If you go chronology of events, you 15 can see the different things that -- 16 MR. CERVANTES: Was that submitted after? This 17 looks different than the -- 18 MS. ATTARD: Well, it' s the same thing, only the 19 one that you have, originally I just -- `cause we' re 20 not doing anything with the north part, I just had the 21 south part, but it' s been exactly the same. It' s just 22 a bigger version. 23 MR.. CERVANTES: Yeah, `cause I thought the ether 24 ones, we were proposing to have it higher up. 5 MS. ATTARD: No. Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 RE�1`iG 3EW91 —32— P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 MR. CERVANTES: The drain fields. 2 MS. ATTARD: Before Questa came out there -- 3 MR. CERVANTES: Yeah. 4 MS. ATTARD: -- remember when we did our first 5 drilling, we proposed to put the drain fields here. 6 But then, remember when we did the soil test, the soil 7 didn' t came out as good as down here. 8 So that' s when I had to go back to Caltrans . They 9 had wanted it up. And then I pushed it down. And it' s 10 exactly the same. 11 MR. CERVANTES: I don' t recall, receiving this 12 update. This is the only one I've gotten as far as the 13 map. The original ones I just set up there. 14 MS. ATTARD: Well , they' re exactly the same. The 15 only difference is the -- 16 MR. CERVANTES: The drain field? 17 MS. ATTARD: --- five foot intervals and 18 switched -- . 19 MR. CERVANTES: The drain field? 20 MR. . Yeah. 21 MS. ATTARD: Correct, we switched it over. 22 MR. CERVANTES: Right. 23 MS. ATTARD: We went to Caltrans, and we have the 24 septic system here. 25 MR. MICHAEL LEWIS: Just switched from the -- Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 4 —33— P.O.Box 4107?Concord,CA 945244147 (925)685-6222?Fax(925)685-3824 1 MR. CERVANTES: But I didn' t receive this revised 2 copy. 3 MS. ATTARD: okay. 4 MR. CERVANTES: I haven' t seen, this is the first 5 time I' ve seen this revised copy. This is the one that 6 was submitted. 7 HEARING OFFICER: You' re putting the drain field, 8 proposing it on the bottom part of the property. 9 MS . ATTARD: Exactly. And that was determined -- 10 HEARING OFFICER: het me clarify one thing. At 11 this point you do not have a formal application or any 12 sort of permit (unintelligible) . 13 MR. LEE: No, because of the 1,000 foot setback. 14 MS . ATTARD: (Unintelligible:. ) When I went to the 15 office -- 16 MR. Uh--huh. 17 MS . ATTARD: -W (unintelligible) who was at the 18 front, I actually paid my permit fee and filled out the 19 application, because she recommended that with my 20 coming dawn there all the time, which I was doing, we 21 were becoming quite good friends , she said why don' t 22 you just fill out the permit and pay the fee for 192 . 23 And it says on the check permit fee. And the final 24 paperwork and all that was submitted on March 14th. 25 HEARING OFFICER: Okay. The final paperwork -- certified Shorthand Reporters –34– 2321 Stanwell brive?Concord,CA 94520-4808 jW?—W. ti' tom. P.O.Box 4107?Concord,CA 94524-4107 (425)685.5222?Fax(925)685-3829 I let me put it more succinctly. Is there a formal plan 2 in from Mr. Hantzsche? 3 MS. ATTARD: No. 4 HEARING OFFICER: Okay. 5 MS. ATTARD: No . 6 HEARING OFFICER: That' s what we' re saying. MS . ATTARD: Okay. 8 HEARING OFFICER: We can' t make decisions on 9 certain things . And I would assume that moving forward 10 is gonna he held a little hit on how we sit with this 11 plan. 12 MS. FUJII : Right. 13 MS. ATTARD: Exactly. 14 MS. FUJII : Yeah. 15 BEARING OFFICER: The point being though, if you 16 do not have a completed application submitted that we 17 could put approval or disapproval on a system, there' s 18 been nothing approved on that. And there won' t be 19 until this is set. 20 MS. ATTARD: That' s right. 21 MS. FUJII: So what is the purpose of this 22 hearing? 23 MS. ATTARD: The purpose of this hearing is to 24 grant an approval for a variance -- 25 MS. FUJII: You don' t have a permit application. ,...w.d.... Y Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 —35— P.O.Bax 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 MS. ATTARD: I'm sorry. What? 2 MS. FUJII : Okay. 3 MR. That wouldn' t -- 4 MR. HANTZSCHE: Yeah, we' re requesting a variance 5 to the requirement for a 1, 000 foot setback for a 6 property located in the drainage area of the grater 7 supply district. 8 MS. FUJSI : But you don' t have an application. 9 MR. HANTZSCHE: We have an application for a 14 variance. 11 MS. ATTAR.D: And we have filled out the 12 application (unintelligible) . 13 MR. HANTZSCHE: We have an application. We don' t 14 have engineering w . 15 MS . ATTARD: We do. 16 MR. HANTZSCHE: Yeah. 17 MS. ATTARD: We don' t have the - 18 MS. FUJII: That' s okay. That' s fine. That' s 19 .fine. 24 MR. HANTZSCHE: I think if it' s appropriate, you 21 know -- 22 HEARING OFFICER: In other words -- and I can 23 defend them in that case because it doesn' t make a lot 24 of sense to formalize a plan and pay for it -- 25 -25 MS. Ft7JI I : Okay. Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 M;RUCS"Il"IC:3i�3 —36— P.O.Box 4107?Concord,CA 94524-4107 (925)685-5222?Fax(923)685-3829 1 HEARAIN'GOFFICER: -- when we' re past the point 2 of -- 3 MS. FUJII : Okay. Okay. 4 HERING OFFICER: -- saying you can' t put that in. 5 MR. Exactly. 6 MR. HANTZSCHE: And maybe, you know -- 7 MS. FUJII : Okay. So where -- okay. 8 MR. HANTZECHE: Yeah. 9 MS. FUJII : That makes sense. 10 MR. . (Unintelligible. ) 11 MS. FUJII : So you' re seeking a variance under 12 420-6. 505 -- 13 Hearing officer: No. 14 MS. FUJII : -- and 507? Okay. 15 HEARING OFFICER: Where you' re looking at 16 specifically is if the parcel is located in a drainage 17 area 18 MS. FUJII : Uh-huh. 19 HEARING OFFICER: -- where there is 20 (unintelligible) reservoir -- 21 MS . FUJII : Uh-huh. 22 HEAING OFFICER: --- any structure requiring a 23 sewer - 24 MS. FUJII : Okay. 25 HEARING OFFICER: -- (unintelligible) . Certified Shorthand Reporters —37— 2321 Stanwell Drive?Concord,CA 94520-4808 R L P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 MS . FUJII : Okay. 2 AHEARAING OFFICER: And when the sewage collection 3 is not available, the Health Officer may grant a 4 variance subject to the following. 5 MS. FUJII : Okay. Okay. 6 HEARING OFFICER: The parcel is between 50 and 1001 7 feet. -- 8 MS. FUJII: All right. 9 HEARINGOFFICER: Beyond the 1 ,000 feet, they may 10 put in, there may be variance put in. 11 MS FUJII: Okay. That' s fine. Okay. 12 MR. HANTZSCHE: Okay. So that' s -- 13 MS. FUJII : Okay. 14 MR. HANTZSCHE: -- what we' re gonna zero in on. 15 And I think one other thing --- 16 MS. ATTARD: Go ahead. 17 MR. HANTZSCHE: -- there' s a water well that 18 wasn' t installed on the property. And I've got a copy 19 of the -- I don' t know if you have the well log in the 20 County files there, Mike. 21 HEARING OFFICER: It was installed on the 22 property. 23 MR. HANTZSCHE: Yeah, it was installed. 24 MR. HEARING OFFICER: Where is it? 25 MR. HANTZSCHE: Yeah. This is the well driller' s Certified Shorthand Reporters LU —3 8— 2321 Stanwell Drive?Concord,CA 94520-4808 R A"1'�I+�C:`; �Ox�E INC. P.t7.Box 4}07?Concard,CA 94524 4107 (925)685-6222?Fax(925)685-3829 I log. It was installed, I guess three years ago 2 January. January of 2000 . 3 And Tamara, is that shown -- 4 MS. ATTARD: Yes . 5 MR. HANTZSCHE: -- on the map there? 6 MS. ATTARD: Yes . 7 MR. HANTZSCRE: Yes . Okay. And there was a 8 pumping test done. And I guess what' s relevant from 9 this is the fact that groundwater was found at a depth 10 of 45 feet in January of 2000 when this was installed. 11 This is slightly uphill from the -- slightly uphill in 12 the middle of the property. 13 HEARING OFFICER: That' s not included on this. 14 MS. ATTARS: Not the plot plan that you have 15 there. 16 HEARING OFFICER: I don' t think it' s on this map, 17 right? 18 MS. ATTARD: I can put it on. 19 MR. MICHAEL LEWIS: Why don' t you go ahead and put 20 it on. 21 MS. ATTARD: Okay. 22 MR. MICHAEL LEWIS: Or maybe let Jim do it. 23 MS. ATTARD: I can do it. 24 Mit. HANTZSCHE: The driller' s map here on the log 25 shows ,it' s about a thousand feet up from the freeway Certified shorthand Reporters 2321 Stanwell hive?Concord,CA 94520.4908 REfI1'YCs —39— P.O.Box 4107?Concord,CA 94524 410fi (925)685-6222?fax(925)685-3829 1 and about 20 feet into the property. 2 MR. . Does it say who (unintelligible) ? 3 MR. . (Unintelligible. ) 4 MR. . Oh. 5 MR. Yeah. 6 MR. JIM LEWIS: They actually did the pump testing 7 on that. 8 HEARING OFFICER: Okay. Great. 9 HEARING OFFICER: {okay. 10 MR. HANTZSCHE: Okay. So I think that you've got 11 a pretty goad background history of what' s happened on 12 the property, more than I knew of before in terms of 13 back to the turn of the century. 14 MR. MICHAEL LEWIS: More than most historians 15 know. 16 MR. HANTZSCHE: Yeah, right. So now we get to the 17 meat of the matter here. 18 MS. ATTARD: The real facts. 19 MR. HANTZSCHE: Yeah, okay. So S just wanted to 20 clarify what has been done on the property as far as 21 site evaluation. And this will help clear up, you 22 know, what we do know or don' t know about conditions 23 for a septic system. 24 And initially as indicated on the chronology, 25 Tamara had contacted the County and County staff. They Certified Shorthand Reporters 2321 Stanwell Dive?Concord,CA 94520-4808 tF� CI"I —40— P.O.Box 4107?Concord,CA 94524-4107 (523)685-6222?fax(925)685-3829 1 did in March I believe an initial exploration I an area 2 above the Caltran easement. 3 MS. ATTARD: February. 4 MR. HANTZSCHE: It was February. Okay. And found 5 that not really suitable. 6 After that, we were contacted really, I guess it 7 was a recommendation from the County that Tamara obtain 8 a consultant to help evaluate the property and find a 9 suitable location. 10 We went out in early April, I think, I think 7 , 11 8th, 9th of April -- 12 MS. ATTAR1. Correct. 13 MR. HANTZSCHE: -- in conjunction with County 14 staff, observing the soil profile evaluations, 15 percolation testing. And this was done in the -- 16 MS. ATTARD: April 9th. 17 MR. HANTZSCHE: -- April 9th near the corner of 18 the intersection of Fish Ranch Road -- 19 MS. ATTAR: And Frontage. 20 MR. HANTZSCHE: -- and Frontage. 21 Basically the results, we found good soils , no 22 groundwater, no mottling. Percolation tests ranged 23 from six to 440 minute trench with an average of 30 24 minute trench. And we found sufficient area for, what 25 we would recommend is three-foot deep pressure dosed Certified Shorthand Reporters —41— 2321 Stanwell Drive?Concord,CA 94520-4848 P.O.Box 4107?Concord,CA 94524-4147 (925)685-6222?Fax(925)685-3829 1 leaching trenches in that area. 2 And we presented that in a report, letter report 3 of April 10th, directed to Richard Lee, basically 4 reviewing the findings of our -- I think it' s in the -- 5 MS. ATTARD: The packet. 6 MR. HANTZSCHE: Yeah. 7 MS . ATTARD: From 10/4 . 8 MS. FUJII: Okay. Okay. 9 MR. HANTZSCHE: Presenting what we had done out 10 there, what we had found, the fact that it appeared 11 feasible for a septic system, how we would design it. 12 And included in that was the request for a variance for 13 the setback to the 1 ,000 foot requirement, based on the 14 fact than we were in the drainage area for San Pablo 15 Reservoir. 16 Now, in our first investigation there, we looked 17 for a measured distance to downstream drainages from 18 the leach field area and we found that there was a 19 seasonal stream about 1 ,500 feet away down Frontage 20 Road in the direction of Orinda. That would be the 21 nearest stream that the property could drain into from 22 the area of the leach field. And that' s what we 23 presented in our report. 24 We came back again later as a result of I guess 25 some additional information that was exchanged between Certified shorthand Reporters 1 2321 Stanwell Drive?Concord,CA 94520-4808 PYWORIV i DW- —4 _ P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(425)685-3829 1 East Bay Parks and maybe some County staff or some 2 concern about is there perhaps other drainages on the 3 property itself farther up in the watershed that we 4 should be considering, which took us a little bit by 5 surprise that we would have to look upstream of the 6 leach field area since it would not possibly be 7 impacted by the septic system. 8 But we went out and did that, and we did find 9 about 2, 000 feet uphill off the property a section of 10 seasonal stream that originally was up in the vicinity 11 of Fish Ranch Road and Tunnel Road, is that -- 12 MS. ATTARD: Yeah. Fish Ranch Road and Grizzly 13 Peak. 14 MR. MICHAEL LEWIS: At the summit. 15 MR. HANTZSCHE: At the summit. 16 MS. ATTARD: By the summit. 17 MR. E'ANTZSCHE: And it was flowing and went into a 18 culvert. Michael Cervantes and I and Tamara and my 19 other staff were out there. We hiked through the 20 bushes and couldn' t seem to -- we couldn' t find any 21 other evidence of a stream at that time. 22 Later there was additional information that 23 indicated there was a missing section of culvert, the 24 culvert that the stream enters 2,000 feet up. Parks 25 department -- Certified Shorthand Reporters + i l —43— 2321 Stanwell Drive?Concord,CA 94520-4808 RE im 5EMCL. P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 MS. ATTARD: 1 actually don' t know. Michael -- 2 Michael would know. 3 MR. HANTZSCHB: Someone seemed to be aware of a 4 missing section of culvert. So we went back out to the 5 site, and in fact there a missing section of culvert 6 about 500 feet. And this is on the property. 7 And it was determined to be about 750 feet still 8 upslope at an elevation about 80 feet higher in 9 elevation than the leach field site. And so that was 10 documented. But from there on down, it was in the 11 culvert, and eventually Caltrans Highway 24 drainage 12 system. 13 So at that point, we submitted an amended letter 14 with a variance request indicating the information that 15 had been determined and our assessment of the fact 16 that, yes , there is something, there' s a drainage less 17 than a thousand feet away, but it' s upslope, higher in 18 elevation, and impossible for there to be any 19 connection, hydrologic connection between the leach 20 field and the stream, and therefore amended our 21 variance request with the fact. So -- 22 (End of Taper 1, Side A - Beginning of Side B) 23 MR. HANTZSCHE: . . . upslope and so forth since 24 it was less than a thousand feet, there was simply no 25 provision in the County Ordinance to grant a variance. Certified Shorthand Reporters LI -44- 2321 Stanwell Drive?Concord,CA 945204868 REPornm IAC. P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?fax(925)685-3829 1 So that' s led us to question the variance and to 2 research really what the -- or to question the 3 ordinance condition and to research when it was adopted 4 and what it really meant, since this seemed like a 5 logical requirement since in our circumstances there' s 6 simply no possible way to impact that stream. 7 So this is where we began looking at the 8 ordinance. And I did pass around a map just so that we 9 have a reference to the location. 10 MS. ATTARD: And I actually highlighted it -- 11 MR.. HANTZSCHE: Okay. 12 MS . ATTARD: -- just to see. You can see the 13 reservoir is all the way over here. 14 MR. HANTZSCHE: Right. 15 MS. ATTARD: And this is the project location 16 (unintelligible) . 17 MR. HANTZSCHE: Okay. Great. So given the fact 18 that we were six miles plus from the reservoir and the 19 stream section we' re talking about is upslope and 20 higher in elevation, it didn' t seem that this possibly 21 could be a requirement that has been in effect and has 22 been followed over the years. 23 And I think coupled with the fact that there were 24 a number of septic system permits and subdivision 25 decisions made in the vicinity of the site over the Certified Shorthand Reporters —45— 2321 Stanwell Drive?Concord,CA 94520-4808 WE P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 years led us to start researching what this ordinance 2 is all about. 3 So this we determined that in fact was originally 4 adopted in 1968 , and essentially the same language that 5 still exists today. And basically it says for all 6 properties within the drainage area, these properties 7 have drained, topographically drained, not subsurface 8 drains, but topographically drained to the reservoir, 9 there is a requirement for an onsite septic system. It 10 must be a thousand feet from the reservoir, so the edge 11 of the water reservoir or tributary stream. 12 And tributary stream becomes I think the key word 13 that we really need to consider. And that' s what we' re 14 asking you to also consider and evaluate as part of 15 this appeal hearing. 16 And historically, to tell you the truth, we 17 haven' t had that many occasions to evaluate properties 18 located in drainage areas . There are not that many 19 properties in Contra Costa. County that, you know, are 20 being proposed or are in locations where septic systems 21 are being used. So there' s -- 22 MS. ATTAR1: I just want to make a comment on 23 that. In terms of the drainage area., if you look at 24 the general plan, East Bay MUD is all around us, but 25 we' re actually agricultural land. If you loop at the Certified Shorthand Reporters .� 2321 Stanwell Drive?Concord,CA 94520-4808 l M. -46— P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 map that I first handed out, and maybe we' re not even, 2 quote/unquote, a drainage area. I don' t know where the 3 map came from that designated us not AL, which is 4 agricultural land. 5 MS. FUJII . I do know, I personally know that 6 (unintelligible) this is all Bast Bay MUD land, and 7 they do protect all of this as being part of their 8 drainage area. 9 MS. ATTARD: Okay. 10 MR.. HANTZSCHB: Okay. So we -- 11 MS. ATTARD: We never did get that. 12 MR. HANTZSCHB: Okay. I think what Tamara is 13 talking about is different, maybe land use 14 classifications. .But in terms of the ordinance, you 15 know, we acknowledge we' re in -- water from this area 16 does drain dawn and eventually works its way along 17 Highway 24 drainage and everything else into Orinda and 18 then through Orinda to the San Pablo Reservoir. 19 But the question of tributary stream is a very 20 important one I think for this and perhaps for ether 21 properties in the watershed. And so there is no 22 definition that we could find in the ordinance or in 23 any other regulations or, to tell you the truth, in any 24 other regulations or glossaries for jurisdictions 25 around the Bay Area, either the Regional Water Quality Certified Shorthand Reporters 2323 Stanwell Drive?Concord,CA 945204484$ —47— P.O,Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 Control Board and other counties , where tributary 2 stream is not a common term. 3 Typically the terms used to define water courses 4 are perennial stream or seasonal stream or ephemeral or 5 intermittent, so something related to how often or how 6 long a stream runs, but not -- because in a way 7 tributary is more or less -- I guess the way Z think of 8 it, it' s kind of a redundant term. A stream, all 9 streams are tributary to something. So to call it -- 10 all streams are tributary streams to something. 11 So that kind of leaves us to kind of look at -- 12 (Inaudible comment. ) 13 MR. HANTZSCHE: -- look at, in this case, what was 14 meant in 1958 when they said the reservoir or tributary 15 streams . 16 And so we looked at, you know, different sources 17 and dictionary definitions -- and then -- I' ll provide 18 you copies of those -- glossary of resource 19 conservation terms or terminology. 20 And I think what you' ll see, and I' ve highlighted 21 those, and I think probably the most relevant one is 22 from the glossary which helps us understand what 23 probably is meant by a tributary stream in this 24 context. And I think it' s also supported by the 25 Webster' s and the other American Heritage Dictionary Certified Shorthand Reporters —48— 2321 Stanwell Drive?Concord,CA 945204808 5 P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 terminology. And I' ve listed on the second page of my 2 yellow handout, I listed, you know, all of those. 3 But the resource conservation glossary defines it 4 as the secondary branch of a stream, drain or other 5 channel that contributes flows to the primary or main 6 channel . 7 So in the context of a water supply reservoir, a 8 tributary stream would be essentially those streams 9 that drain directly into the reservoir. And if you 10 think about it, that makes sense if you' re adopting a 11 requirement. 12 A 1 ,000 foot setback is a very strict requirement. 13 At the time, I think setback stream in the County 14 Ordinance was 50 feet. But here we' re going to a 15 thousand feet from the reservoir and tributary streams . 16 And the tributary stream to the reservoir would be like 17 San Pablo Creek or all the side tributary that drains 18 into the reservoir. 19 And I have to say, I doubt that at the time they 20 consider that tributary stream meant any stream 21 anywhere in the watershed that eventually -- where 22 water eventually flows and reaches the .reservoir. If 23 that had been the intent, it would have been very 24 simple to say a thousand foot setback from the 25 reservoir or any strewn in the watershed. Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520 4808 R�R'�SERVICE�. —��— P.O.Box 4107?Concord,CA 945244167 (925)685-6222?Fax(925)685-3829 I That' s how I would have said it. I think that' s 2 how you would think that a reasonable person would have 3 described all of the waters in the watershed, rather 4 than classifying it simply as a tributary stream. 5 The resource conservation glossary definitions 6 that I cited here actually was from a document from the 7 mid 1970s , actually an updated version of a glossary 8 that had .been originally published in the 1950s . So 9 it' s from a document or at least a reference source 10 that would have been available in the minds of people 11 had they been thinking about this at that time. 12 So that' s what we' re suggesting, that most 13 probably the definition of tributary stream as applied 14 to this 1 , 000 foot setback would be interpreted as the 15 reservoir and those direct tributary streams to the 16 reservoir. 17 MS. FUJI I : I'm sorry. 18 MR. HAN'TZSCHE: Yes. 19 MS. FUJII : Direct, what' s -- 20 MR. HANTZSCHH: What we' re calling secondary 21 branch, the secondary branch of a stream, drain or 22 other water body. So the secondary branch is 23 essentially -- there' s the main stream. The secondary 24 branch is the stream that flows into that. And we' re 25 talking about the reservoir, we' re talking about the air Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 o _ P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 streams that flaw directly into the reservoir. 2 One of our dictionary definitions also refers to a 3 tributary as a stream or river flowing into a larger 4 river or strewn, which is consistent with that same 5 resource glossary definition. 6 MS . ATTAR: And this goes .into a pipe. 7 MR. HANTZSCHE: Yeah. In our case, we' re talking 8 about a section of drain which was flawing at the time 9 we were there in April and early May. By the time I 10 think we met here a month ago, it was dry. And it' s 11 dry today, so it' s not a flawing stream. -- 12 MS. FUJII : It' s like an ephemeral stream. 13 MR. HANTZSCHE: Yes , it' s a ephemeral drainage 14 course or ephemeral stream, yeah. 15 HEARING OFFICER: Okay. Let me hold just for a 16 second and interrupt the process and have Richard and I 17 discuss a little bit of some of the findings we tried 18 to find out on tributary. I think it' s more important 19 to do it now. 20 MS. ATTARD: Great. 21 MR. HANTZSCHE: Sure. 22 HEARING OFFICER: Some very simple things . I met 23 in Nevada., Reno, last week, two weeks ago now I guess 24 it was -- 25 MS. ATTARt: With Norm? Certified Shorthand Reporters Y i 2321 Stanwell Drive?Concord,CA 94524-4848 R n 17YK:t�1 #C P.O.Box 41£37?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 I HEARING OFFICER: Pardon me? 2 MS. ATTARD: With Norm. 3 MR. HANTZSCHE: Well, we did a presentation. 4 We were there. We met otherwise. 5 SEARING OFFICER: But I met with Dr. Bob Reuben 6 out of UC North Carolina that -- not UC -- UNC. And I 7 talked to him and said basically, "Bob, how do you 8 define a tributary stream?" 9 He said, "It' s simple. It' s whatever is a blue 10 line on a USES map. " 11 MR. JIM LEWIS: Yeah. 12 MS. ATTARL7: Right. 13 HEARING OFFICER: So - that seemed. pretty 14 reasonable. And we' ll talk a little more on ghat we 15 found on that. That' s one of the ones we looked at. 16 The other thing I asked Richard to do, he got a -- 17 do you have this for everybody, the Nevada -- 18 MR. LEE: It' s in the packet. 19 HEARING OFFICER: Okay. It should be in the 20 packet, if you go all the way to the back and I'm 21 looking at definitions. 22 One of them. defines -tributary. And it was 23 interesting, we went to the same thing. We went to the 24 interneat. We could not find anything in California 25 local snuff that, you know, said it. ��► Certified Shorthand Reporters . 2321 Stanwell Drive?Concord,CA 94520-4808 R xiC —52— F.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(425)685-3829 1 I talked with Steve Abbors of East Bay MUD. They 2 basically rely on the Fish and. Game Department who does 3 it on a, from what I can tell, kind of shoot from the 4 hip. So there hasn' t been a solution there either. 5 We did find in -- 6 MR. LEE: USGS which linked to this . 7 HEARING OFFICER: Which linked to this, the State 8 of Nevada definition. 9 MS. ATTARD: Mine stops at S. Do you have T? 10 HEARING OFFICER: There should be two parts on 11 his . 12 MR. HANTZSCHE: This one. 13 HEARING OFFICER: What happened is the first 14 one -- 15 MS. ATTARD: Thank you. 16 HEARING OFFICER: -- is the definition of 17 tributary, and then I asked Rich to go back -- and I 18 haven' t even looked at this one yet -- and print out 19 where it defines stream. So that' s these two. 20 MS. ATTARD: (Unintelligible. ) 21 MR. HEARING OFFICER: You know, just glancing at 22 it, I think it' s kind of parallel to what you've been 23 talking about already. 24 MS. ATTARD: Right. 25 MR. HEARING OFFICER: This is some other thing we Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 R. �SE — — P.Q.Boz 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 were trying to find but there is -- Department of Water 2 Resources does not, that we can see, have a direct 3 definition on any of their data printed. 4 So yeah, it is a little bit up in the air, but I 5 just wanted to put that in now and talk about it. 6 Rich, do you need to say anything else on its' 7 MR. LEE: Basically the definition does 8 incorporate underground Water safety. 9 HEARING OFFICER: That' s what they link to but -- 10 MR. LEE: From USGS. 11 MR. Uh-huh. 12 MR. LEE: That' s the geological ,survey. 13 HEARING OFFICER: But anyway -- 14 MS. FUJII: As a layperson, you know, I would 15 think that a tributary stream is anything but a main 16 strewn. So I would think that my definition would be, 17 as Norm originally put it, any stream in the watershed. 18 But ultimately that determination is made by the board. 19 MR. MICHAEL LEWIS: So as a layperson, just for 20 clarify -- 21 MS. FUJII: Uh-huh. A stream. 22 MR. MICHAEL LEWIS: -- you have a back yard -- 23 MS. FUJII: Uh-huh. 24 MR. MICHAEL LEWIS: -- and it' s draining, you 25 think that' s a tributary stream if there' s a little ®■,,..,,.�,,® Certified Shorthand Reporters 4w w2321 Stanwell Urine?Concord,CA 94520-4808 -54— P.O.Box 4107?Concord,CA 94524-4107 If {925}685-6222.)Fax(925)685-3829 I water that flows? 2 MS. FUJII : Not a little water that flows in the 3 back yard. But like in the watershed, there' s lots of 4 streams that are hater courses , indentations. 5 MR. BANTZSCBE: If I may -- 6 MS. FUJII: I'm not quite sure about that paint. 7 But the main thing is -- 8 MR. . Talking basically. 9 MS. FUJII : Yeah. 10 MR. MICHAEL LEWIS: That' s like Fish and Gane 11 telling me -- 12 MS. FUJII : Yeah. 13 MR. MICHAEL LEWIS : -- water flows in your back 14 yard they got jurisdiction. 15 MS. F'UJII : Yeah. I'm not sure -- yeah. 16 MR. LEE: That' s the drainage area -- 17 MS. FUJII: Yeah. 18 MR. LEE: -- which is all land. 19 MS. FUJII : Yeah. Because the fact is, as Norm., 20 you know, said, if it' s in this area, all the water 21 eventually flows to the dam. 22 MR. Uh-huh. 23 MS. FUJII: To the reservoir. 24 M.R. HANTZSCHE: But then -- 25 MR. Okay. Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 REPORCiY+NG SSR'" lc I —5 — P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(923)685-3829 1 MR. HANTZSCHE: But then let me just --- and I' ll 2 get back. I have to ask you, Lillian, then if you 3 believe that a tributary strewn is any stream, then why 4 then use the word tributary to categorize it? 5 MS. FUJII : Uh-huh. 6 MR. HMTZSCHE: If it' s any stream --- 7 MS. FUJII: Uh-huh. Yeah. 8 MR. HANTZSCHE : -- you don' t even need the word 9 tributary. 10 MS. FUJII : Right. 11 MR. LEE: Well, that' s what it was, it was -- 12 MS . FUJII : So people don' t -- people understand 13 that -- 14 MR. HANTZSCHE: But tributary doesn' t -- 15 MS. FUJII : Stream could be the main stream. 16 MR. HANTZSCHE: Yeah, we've already defined that 17 we' re talking about the drainage here. 18 MS. FUJII : Uh-huh. 19 MR. HANTZSCHE: And so any stream obviously flows 20 down. But so that all streams are -- 21 MR. LEE: Well -- 22 MS. FUJII : Well, what' s a stream? 23 MR. HANTZSCHE: Yeah, any stream in a drainage 24 area is -- you know, if you'd like: to call that a 25 tributary stream, there' s no need to say tributary. Certified Shorthand Reporters —56— 2321 Stanwell Drive?Concord,CA 945204808 REPORTI SMMWE Imo, P.0.Box 4107 7 Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 MR. LEE: Well, you know why, Norm, because like 2 you started listing off ephemeral stream, all these 3 other streams. So basically they've just generalized 4 all those streams in the category of tributary. I mean 5 they' re all -- 6 MR. HANTZSCHE: But -- 7 MR. LEE: All those types of streams are 8 tributary, lead into another body of water, you know, 9 river or stream or whatever, into a larger body of 10 water. 11 So basically it' s also defining drainage area, 12 meaning when the water hits the drainage area, which 13 all land that drains towards these types --- that' s 14 gonna channel into these tributary streams which keeps 15 adding to a bigger body of water, bigger body of water, 16 until it gets to the reservoir or lake or river or 17 ocean. 18 MR. HANTZSCHE Okay. 19 All right. And I think that' s fair -- 20 MR. LEE: I mean it' s better than listing 21 thousands of different types of streams. 22 MR. HANTZSCHE: Yeah. 23 MR. A tributary stream is -- 24 MR. HANTZSCHE: I think it' s fair for you to say 25 that. .But just to conclude, you know, again to restate Certified Shorthand Reporters 2321 Stanwell Drive 7 Concord,CA 94320-4808 P.O.Box 4107?Concord,CA 94524-4107 {925}685-6222 7 Fax(925)685-3824 1 my opinion, once you' re talking about streams in a 2 drainage area, there' s no need to categorize them as 3 tributary streams unless you' re talking about tributary 4 to a particular body of water or other major strewn. 5 And that' s what I believe the reasoning at the 6 time, the terminology, the original terminology, to my 7 knowledge, tributary stream, that' s the reservoir and 8 tributary streams . 9 (Inaudible comment. ) 10 MR. HANTZSCHB: Because without that clarifier, 11 let' s just take for example, if you' re 1,001 feet from 12 the reservoir itself and not near a tributary stream, 13 you' re pretty close to the reservoir and you would be 14 allowed to put in a septic system. But six miles away 15 near something that has to go through all kinds of 16 piping systems, you can' t put one in. There' s some 17 disconnect there. 18 So I believe that the definitions we found in 19 these different glossaries does support the contention 20 that they' re talking about reservoirs and those things 21 that drain directly into -- okay. 22• So let' s move along. And you knew, I wanted to 23 kind of, again to support our opinion here and our 24 contention. ,And I think, I appreciate the fact that 25 you guys looked, into other definitions, because I think Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 945201808 RM)ORI'M —5 B— P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)585-3829 I we' re redly trying to sort this whole thing out. I 2 mean I don' t feel that it' s a real adversary sort of 3 situation because we' re trying to figure out what they 4 meant in 1968 and none of us were here, you know, on 5 that. 6 MR. EDWARDS: Can I make one comment -- 7 MR. HANTZSCHE: Yeah. 8 MR. EDWARDS: --- on tributary? 9 MR. HANTZSCHE: Sure. 10 MR. EDWARDS: When you have in the drainage area 11 different topography, certain streams might be right 12 next to each other, but it could drain into a whole 13 different area. 14 And so a tributary that' s going into that 15 watershed, they may have used that word to define that 16 these particular streams are going into the, you know, 17 reservoir or watershed area. 18 You could have other streams, you know, on various 19 areas where the, you know, mountain makes this one go 20 this way, drain into a whole other area, but it could 21 be right in the same property but they go to 22 different -- they end up in different places . 23 And so if it' s a tributary to the reservoir, it 24 seems to me that it goes all the same way. 25 MR. CERVANTES: Feed into the primal area. Certified Shorthand Reporters ]' 2331 Stanwell Drive?Concord,CA 54520-4808 S1 r9F — P.O.Box 4107?Concord,CA 94524-4107 14 (925)685-6222?Fax(925)685-3829 1 MR. EDWARDS: Right. 2 MR. JIM LEWIS: But then it wouldn' t be part of 3 the watershed and wouldn' t apply anyway. 4 MR. CERTVANTES: Might. That' s why they outlined 5 the watershed area. 6 MR. . And yet -- 7 MR. HANTZSCHE: They know they -- 8 HEARING OFFICER: -- (unintelligible) boulevard 9 and drains in the opposite direction, it' s still in the 10 watershed area. 11 MR. HANTZSCHE: Well, I think what Jeff is saying, 12 .let' s say we' re located near the ridgeline, and then 13 over on the Oakland side there' s, a stream down there -- 14 MR. Right. 15 MR. HANTZSCHE: -- that' s, you know, a thousand 16 feet away. It doesn' t drain into the reservoir. He' s 17 saying that he thinks that that perhaps was the reason 18 that they would have had to say tributary stream, 19 they' re thinking about drainages to other areas. 20 MR. EDWARD: Uh-huh. 21 MR. HANTZSCHE: And I mean -- 22 MR. EDWAR S: They' re looking at the end result of 23 where doses this water go. 24 MR. HANTZSCHE: Technically, but I think that' s -- 25 MR. Basically. Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 4 P.O.Box 4107?Concord,CA 94524.4107 (925)685-6222?Fax(925)685-3829 1 MR. HANTZSCHE: -- another thing we have to really 2 stretch our .mind to -- 3 MR. LEE: You have to also remember, Norm, there' s 4 four reservoirs in this area -- 5 MR. HANTZSCHE: Sure. 6 MR. LEE: -- not just San Pablo. 7 MR. HANTZSCHE: Right. Okay. All right. 8 Which I think brings me to my next point here, and 9 that' s to kind of go through -- and some of this will 10 repeat what we've talked about --- about, you know, 11 actions that have been taken relative to this 12 requirement. 13 And actually, the first thing that, you know, 14 occurred to me was, gee, a year after this was adopted 15 in 1969, the County Health Officer went in and adopted 16 a septic system moratorium for Canyon, and then in 1970 17 for El Toyonal. 18 And so that must have been properties that were 19 not -- those were clearly in the watershed areas and 20 have lots of little streams through them. But it must 21 have been not covered by the 1,000 foot setback 22 requirement. 23 MS . FUJII : Not necessarily. 24 MR. HANTZSCHE: Well, let me just show you the 25 maps. Certified Shorthand Reporters -61— 2321 Stanwell Drive?Concord,CA 945204808 REPORTING SERV"- P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 So the Health Officer in 1969, this is for Canyon, 2 determined that there' s a continuing threat to drinking 3 water supply reservoirs . And Canyon abuts, what is 4 it -- 5 MR. LEWIS : San Pablo -- I mean San Leandro. 5 MR. HANTZSCHE: yeah, San Leandro Creek -- San 7 Leandro Creek. And my third map shows, the second page 8 is the moratorium area as depicted on a GIS map. And 9 then third overlays that on a topographic map. 10 And pretty much right along, if you know that 11 area, right area -- is it Pinehurst out there? 12 MR. MICHAEL LEWIS : Yeah. 13 MR. HANTZSCHE: -- is San Leandro Creek. And the 14 yellow area I' ve indicated is a thousand foot setback 15 from -- that' s a blue line stream. It' s clearly 16 directly tributary to upper San Leandro Reservoir which 17 is just down to the right-hand corner. 18 So in 1969 -- so this would have been in effect. 19 The yellow, by my definition or my suggested 20 definition, that a thousand feet is from those direct 21 tributaries to the reservoir. The thousand feet would 22 have been covered by the septic system prohibition 23 adopted in 196€3, okay? 24 MS. ATTARD: Gotcha. 25 MS. ATTARS): I think Lillian didn' t get it. Certified Shorthand Reporters ri6a� V 2321 Stanwell Drive?Concord,CA 94520-4808 f h —62— P.O.Box 4107?Concord,CA 94524.4107 (925)685-6222?Fax(925)685-3829 1 MR. HANTZSCHE: You didn' t get it. 2 MS. FUJII : I'm still not -- 3 MR. HANTZSCHE: In 1968 , the adoption of the 4 thousand foot setback ordinance, let' s just call it 5 that, meant that no septic systems could be put in this 6 yellow area if the tributary stream is understood to be 7 the direct streams that flow into San Leandro 8 Reservoir. 9 But you' ll also see, I've indicated there' s 10 another Indian Creek that flows through part of the -- 11 the pink area is what was approximately the boundaries 12 of the moratorium. 13 So a year after adopting the thousand foot 14 setback, the Health Officer determined that they still 15 needed a moratorium in this whole Canyon area because 16 septic systems were still allowed. And they were only 17 allowed I would contend because the thousand feet 18 doesn' t cover all that area. 19 If you were to take a thousand feet from all the 20 little drainages that you can see, there' s the Indian 21 Creek that I mentioned. That covers the northern part 22 of this area. And then in between, they' re not blue 23 line streams, but there clearly are a lot of little 24 drainages that run down through Canyon. 25 All of that, if you interpreted it the way, you +�r,.,, Certified Shorthand Reporters —62321 Stanwell hive?Concord,CA 94526-4808 SERVIM rM. P.O.Box 4107?Concord,CA 94524-4167 (425)685-6222?Fax(925)685-3829 I know, we were led to believe that it' s anything in the 2 watershed, then all this area would be prohibited by 3 the thousand foot rule. 4 MR. Michael Lewis : So you wouldn' t have needed 5 that entire -- 6 MR. HANTZSCHE: So you would have not needed, the 7 Health Officer would not have needed to adopt a 8 moratorium. 9 So the Health Officer obviously interpreted it at 10 that time to be something additional that was needed to 11 control septic systems in this area. That' s the point. 12 I didn' t prepare the map for El Toyonal but it' s a. 13 very similar situation there where it' s not -- it' s 14 more than a thousand feet from San Pablo Creek, which 15 is the -- 16 MS . ATTARD: Tributary. 17 MR. HANTZSCHE: -- tributary into the reservoir. 18 MS. ATTARU: Right, directly. 19 MR. HANTZSCHE: It has lots of intermittent and 20 seasonal drainages through the area that essentially, 21 if you were to extend that thousand foot definition to 22 all of those, it would blanket the entire area. 23 So that was in 1970 that you went back again and 24 said you need a moratorium. And to me, that again -- 25 MS. ATTARO: 'Gli'e believe -- Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 mmbc — _ P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 MR. HANTZSCHE: -- it implies that the thousand 2 foot setback rule was not enough to take care of those 3 septic systems . 4 MS. ATTARD: And therefore, the definition of the 5 thousand feet was a stream going into a stream. 6 MR. HANTZSCHE : It supports the thinking and our 7 contention that the definition was the primary 8 tributary. 9 And then again, not to repeat, but in 1986 with 10 respect to this subdivision and with respect to the 11 individual permits , the septic system permits that were 12 issued in the 190s and up to 2001 -- 13 MS. ATTARD: This is the 2001 that is closer -- I 14 only made three copies -- of the septic system that was 15 installed -- could you (unintelligible) . 16 MR. . Sure. 17 MS. ATTARD: -- that was installed at 500 feet 18 from this broken pipe and -- 19 MR. The broken pipe is (unintelligible) . 20 MS. ATTARD: Okay. (Unintelligible. ) 21 MR. LEE: Is this the one with the 55-gallon 22 drums? 23 MR. HANTZSCHE: No, no. The 55-gallon drum is the 24 parks place. 25 MR. Oh, the parks? "' °-- Certified Shorthand Reporters — 2321 Stanwell Drive?Concord,CA 94520-4808 j p j jy LM P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 I MR. HANTZSCHE: The parks . 2 MS. ATTARD: This is the picture of this one right 3 here. 4 MR. Okay. 5 MS . ATTARD: And this is the drainage pipe, which 6 you can see (unintelligible) . 7 MR. (Unintelligible. ) 8 MR. JIM LEWIS: Yeah, when they first moved in, it 9 didn' t smell pretty, and they put in another system. 10 MS. ATTARD: I'm here. This picture right here -- 11 MR. JIM LEWIS: It smelled really had. 12 MS. ATTARD: -- (unintelligible) right there. 13 (Unintelligible comments . ) 14 MS . FUJII: That' s not right. I mean 15 (unintelligible) . 16 (Unintelligible comments . ) 17 MR. JIM LEWIS: They fixed it now. 18 MS . FUJII: Oh, they did? 19 MR. JIM LEWIS: Oh, it' s great now. 20 MR. Yeah. 21 MR. That picture is this one. 22 MR. Yeah. 23 MS. ATTARD: And then this one is actually -- 24 MS. FUJII : They can' t be everywhere. 25 MS. ATTARD.- -- (unintelligible) . Certified Shorthand Reporters —66— 2321 Stanwell Drive?Concord,CA 945204808 M. P.O.Box 4107?Concord,CA 945244107 (925)685-6222?fax(925)685-3829 1 MR. LEE: Is this a repair? 2 MR. MICHAEL LEWIS : No, that' s a new system. 3 MR. HANTZSCHE: No, this is a new -- 4 MR. JIM LEWIS: You can see it. 5 MR. RANTZSCHE: This is a new system. The house 6 hadn' t been -- 7 -7 MR. . That' s the Fish Ranch Road system. 8 It' s on your other map. 9 MR. There wasn' t an existing system there 10 before? 11 MS. ATTARD: What about Dr. Keaton -- 12 MR. MICHAEL LEWIS: There was a system that was 13 put in in the 190s, never completed. 14 MR. Right here. 15 MR. MICHAEL LEWIS: And then it was upgraded 16 there. The house for bath those systems is stip. not 17 started. 18 MR. CERVANTES: Oh, it was started. 19 MR. . (Inaudible. ) 20 MR. JIM LEWIS: It was started in 194 and then 21 finished in 2001 . 22 MR. MICHAEL LEMS :• The system, but the house is 23 not finished. 24 MS. FUJII : Oh. 25 MS. ATTARD: The Keatons are doctors and they' re +�► Certified Shorthand Reporters +� —67— 2321 Stanwell Drive?Concord,CA 94520-4808 A' INS. P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 I very busy so they -- like other people like us, you 2 know, we've gotten our permits From Contra. Costa County 3 Environmental Health and things come up, the same thing 4 happened with them. 5 MS. FUJII : Oh. 6 MS. ATTARD: Oh, what? 7 MR. MICHAEL LEWIS: No, no, you can tell us? 8 MS. ATTARD: What' s funny? 9 MR. CERVANTES: No, just one of the -- 10 MS. FUJI : There were several improperly issued 11 permits in this area. 12 MR. MICHAEL LEWIS: Oh, you' re describing the 13 person that allowed them to go through. • But this is a 14 good system, it should work -- is MR. JIM LEWIS: Actually, our last system was -- 16 MS. FUJII : Yeah. Well, it should be a good 17 system, but if it' s not a properly issued permit, you 18 known, it' s still not properly issued. 19 MR. JIM LEWIS: Well -- 20 -20 HEARING OFFICER: That' s for me to determine. 21 MR. . Yeah, it is for him. 22 MS. FUJII : The problem is that staff has to now 23 contend with because, you know, they' re really good now 24 about complying, enforcing the law. 25 MR. Was there a -- Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 S».R t w 6 8" P.0,Box 4107?Concord,CA 94524-4107 REPORnM (925)685-6222?Fax(925)685-3829 1 MS. FUJII : The department issued many permits 2 improperly. HEARING OFFICER: Yeah, but they were issued under 4 our authority. 5 MS . FUJII: Right. They were, yeah. 6 HEARING OFFICER: Right. And we' ve got to assume 7 at that time that they were acceptable. 8 MR. JIM LEWIS: Do you know Joseph Moser 9 (phonetic) ? 10 MS. FUJII : No, we know pretty well -- no. 11 MR. JIM LEWIS: One of those by him. 12 MS. FUJII : But -- 13 MR. JIM LEWIS: This wasn' t actually finished but 14 it was determined to be no problem. 15 MR. . (Unintelligible. ) 16 MR. . Uh-huh. 17 MR. . And I don' t think -- 18 HEARING OFFICER: I understand the point. 19 MS. FUJII : Yeah. 20 MR. HAMTZSCHE: We don' t want to dwell on any -- 21 HEARING OFFICER: Right. 22 HEARING OFFICER.: -- individual one. 23 MS. FUJII: Oh, yeah. No. 24 HEARING OFFICER.. I think -- 25 MS. FUJII : I know. Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 14524-4848 69— P.O.Box 4147?Concord,CA 14524-4147 (125)685-6222?Fax(925)685-3824 1 HEARING OFFICER: There are things that are 2 going -- 3 MS. FUJII : Yeah. 4 HEARING OFFICER: There are certain rights if the 5 house is being constructed and it' s started 6 construction and so north and there' s technicalities . 7 So I don' t want to get hung up on that. 8 MS. FUJI I : No. 9 HEARING OFFICER: But I do accept the fact that 10 there is a system that exists . 11 MR. HANTZSCHE: Okay. So I've prepared this 12 summary table which kind of -- the second yellow page:. 13 You go down one path and say it' s any stream of water 14 or you go down►, what we' re suggesting is probably the 15 interpretation, definition that was considered in 1968 16 for tributary stream. 17 Let' s look at, you know, various factors . And 18 first would be just simple public health and water 19 quality protection is a defensible standard. I mean a 20 thousand foot setback is very strict. That' s very 21 conservative to begin with. 22 And, but given the water supply reservoir, I mean 23 we don' t -- at one point someone suggested maybe it was 24 a typographical error and that' s a hundred feet, you 25 know, because -- ■, .,,..,,� Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 945204808 M —70— P.O.Box 41077?Concord,CA 94524-4107 (925)685-6222?fax(425)685-3829 1 MS. ATTARD: Because of the (unintelligible) . 2 MR. HANTZSCHE: -- because the standard was 50 3 feet at the time. But I think the thousand feet is -- 4 MS . ATTARD: Another county. 5 MR. HANTZSCHE: -- clearly and it' s been written 6 out. 7 MS. ATTARD: The other (unintelligible) . 8 MR. HANTZSCHE: Well, the Regional Water Board 9 standard is 200 feet from a water supply reservoir. So 10 this is definitely much more strict than that. 11 Mfg.. . So that' s correct? 12 MR. HANTZSCHE: 'Yes . Yes . 13 MR. . (Unintelligible. ) 14 MR. HANTZSCHE. But if you were -- 15 MS. ATTARU: That' s for another county. 16 MR. HANTZSCHE: But if you were then to apply a 17 thousand foot setback to any stream of water, I would 18 say that would be highly questionable in 1968, and 19 today still . I have not heard of any in all my years 20 in this field and in recent, you know, discussions and 21 debates over standards . 22 The suggestion of a thousand foot setback from a 23 tributary strewn or a drainage, intermittent drainage 24 course has never gotten any -- it' s never gotten any 25 sort of discussion. Certified Shorthand Reporters —71— 2321 Stanwell Drive?Concord,CA 94520 4808 RE RMK. P.O.Box 4107?Concord,CA 94524 4107 (925)685-62223 Fax(925)685-3829 1 MR. CERVANTES: I just want to clarify. That was 2 the tributary stream that you were I guess thinking 3 it' s any stream in the drainage, that doesn' t --- 4 MR. LEE: Right. 5 MR. CERVANTES: -- mean drainage area. 6 MR. LEE: Right. 7 MR. CERVANTES: It has to be designated, not 8 just --- 9 MR. Right. Sure. 10 MR. ATTARD: East Bay MUD wicked it out for you. 11 If you go to their watershed map, of all 25,000 acres 12 in Orinda, 16,000 are designated as watershed. 13 So what is watershed is virtually everything 14 except the downtown, downtown Orinda. 15 MR. CERVANTES: I thought the intent was to 16 protect the drinking water supply. 17 MR. ATTARD: Sure. 18 MR. CERVAMTES: So if all that has been earmarked 19 and documented as draining into the water supply, 1 24 Mean if you just kind of take the next step and said, 21 well -- 22 MR. ATTARD: There would be no septic system 23 anywhere within Orinda. 24 MR. RANTZSCHE: Yeah, I think just to answer your 25 point, if in fact the purpose of the regulation .®, Certified Shorthand Reporters � Aft 2321—72— 2321 Stanwell Drive 7 Concord,CA 94520-4808 RE CIIM: M. F.O.Box 4107 2 Concord,CA 94524.4107 (425)685-6222.)Fax(5.25)585-3829 1 ordinance in 168 was to prohibit all septic systems in 2 the watershed, that' s all you had to say, all septic 3 systems are prohibited, not anything about a thousand 4 feet or tributaries or reservoir, just everything' s 5 prohibited. 6 That would have been, you know, that would have 7 been the simple way to do what you' re thinking might 8 have been what their thinking was . But instead they 9 defined it as a thousand feet from the reservoir. So 10 you can be 1 ,001 feet from a reservoir or from a 11 tributary stream. 12 And so just on the basis of does it make sense to 13 extend it, here in our case six miles away on the other 14 side of the city, you know, upstream of a major, you 15 know, state highway with all sorts of runoff, and then 16 a stream section that' s up the hill, it doesn' t --- like 17 1 say, it' s questionable. There isn' t really a 18 scientific basis to say that our situation could have 19 been considered the reasoning for that definition. 20 Secondly, we just went through a year, two years 21 after adopting this standard, the Health Officer came 22 back and established additional septic system 23 moratorium in these watershed drainage areas for 24 properties in areas beyond a thousand feet from the 25 main tributary branches . ,i Certified Shorthand Reporters —73— 2321 Stanwell Chive?Concord,CA 94520-4808 P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 I So if this meant any stream of water, this would 2 have been a redundant, unnecessary action by the Health 3 officer. But if it' s defined as the primary branch, it 4 would have been appropriate and necessary because these 5 areas would not have been covered by the thousand foot 6 rule. 7 Then we go to the approval of the subdivision here 8 in 1986 . It' s inconsistent if we define it as any -- 9 if this stream section is considered to have a thousand 10 foot setback requirement. It' s inconsistent for the 11 Health officer to have agreed to review and accept a 12 subdivision under that definition. But it would have 13 been consistent- if the Health officer understood that 14 requirement to be a thousand feet from a primary 15 tributaries . 16 The same thing with the septic system permits that 17 were issued in the 1990s through two years ago with the 18 one that we have the photos of, .inconsistent because 19 those systems are all in similar proximity. I believe 20 this one is 600 feet away from the stream section that 21 we' re talking about. But it' s consistent again if we 2 define it as a- secondary branch to a reservoir. 23 The dictionary references and glossary references, 24 those that we found support the definition we propose, 25 and I think some of the additional materials that you Certified Shorthand Reporters sRitMal 2321 Stanwell Drive?Concord,CA 94520-4808 It C31 C# iCs �. —74—4— P.0.Box 4107?Concord,CA 94524410:' (925)685-6222 2 Fax(925)685-3829 1 found lead in the same direction. And we couldn' t find 2 any references that said a tributary stream is any 3 stream in a watershed. 4 And then just common sense, I think we' re just --- 5 you know, we' re now here in, you know, 2003, we think 6 about more strict standards. In 1958, that was before 7 the National Environmental Policy, before a lot of the 8 real focus on wastewater, water quality control. And 9 the thousand foot setback was a big jump from 50-foot 10 setbacks for streams . 11 And the way it was adopted, I think supports the 12 contention that they were thinking about the reservoir 13 and those things close to the reservoir. 14 MS. FUJII: Maybe they really wanted to say no 15 septic systems in this area. But (unintelligible) so 16 they adopted a really, really stringent standard. 17 MR. HANTZSCHE: Yeah. 18 MS. FUJI I: I don' t know. 19 MR. HANTZSCHE. I mean .it' s possible. But I think 20 are have to, you know, when we look back, we have to 21 give the people -- we don' t know any of those ,people. 22 We have to give them credit for thinking it through 23 rationally and being fair about it and :saying ghat they 24 meant. 25 It' s too bad they left us without a definition or Certified Shorthand Reporters —75— 2321 Stanwell Drive?Concord,CA 94520.4808 NRUEPOMM 3� 4P.O.Box 4107?Concord,CA 945244107 (925)685-6222?Fax(925)685-3829 1 map or something like that but, you knew, hindsight is 2 20/20 and, you know, here we -are looking much more 3 carefully. And back then, probably no one would have 4 imagined that we would be looking at things and sitting 5 around, tables talking about septic systems the way we 6 do today, back in 1968 . 7 So anyway, I think just on a common sense basis, I 8 think that we' d like to make that point as well. 9 I think just to summarize, we' ve got a site where 10 we' ve done a site evaluation, with good conditions for 11 the septic system. You know, we've got indications 12 from the well log that the groundwater is at 45 feet in 13 this area. We found none in the shallow zones in our 14 mottling, good percolation, sufficient area. 15 And it' s in a position that really is not a threat 16 to the public health. It' s not threatening to get into 17 this drainage section which is dry right now. 18 So that we've got conditions that comply with all 19 of the other regulations. We' ve recommended a pressure 20 dose system that would be under an operating permit, 21 you know, essentially a code-plus system. And if 22 it' s appropriate to include some additional 23 pretreatment ahead of that, then that certainly is 4 something 25 MS. ATTARD: Might. certified Shorthand Reporters 7 _ 2321 Stanwell Drive?Concord,CA 94520 4908 I IiC S �C'L l P.O.Box 4107?Concord,CA 94524-4107 (925)685-6.222?Fax(925)685-3829 1 Mit. HANTZSCHE: -- to be considered. 2 I think you' ve heard the interest of the owners of 3 the property is in maintaining it and using the 4 property for the activities. This is not build a 5 house, sell it, spec, you know, quick in, quick out 6 sort of affair. This is a lona term proposition for 7 them. 8 It is consistent with the other activities or 9 approvals that have been made, whether some mistakes 10 were made or maybe -- who knows how things were 11 evaluated by different individuals. But it is 12 consistent with things that have been approved, 13 including subdivision of the land in 1968 . 14 And I think it' s consistent in my mind with the 15 logical intent of that decision in 1968 to protect the 16 water, the reservoirs and the immediate areas around 17 those reservoirs . 18 So that' s all I have to say. 19 HEARING OFFICER: Thank you. 20 MR. HANTZSCHE: And thank you. 21. HEARING OFFICER: Okay. 22 MS. FUJII: Did you -- I just, .fine paint, from a 23 legal standpoint, I construe, I read this ordinance and 24 I read it just distance from the stream, and I don' t 25 think it in terms of specific -- Certified Shorthand Reporters _ 2321 Stanwell Drive?Concord,CA 94520-4808 R '#Ir P.O.Box 4102?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-38.29 . ............................................................ 1 MS. ATTARD: Scientific. 2 MS. FUJII : Yes . And I suspect that the drafters 3 were hoping that we would -- the last thing we want is 4 for staff to have to evaluate exactly where the water 5 was going underneath. 6 It is work that we just don' t want to have to have 7 staff decide, you know, because they' re making 8 decisions when they allow a system to go in that could 9 be affecting the water supply, which they consider 10 themselves protecting. 11 In any case, you do have some, probably have some 12 views as to the underground water flow, .right? 13 MR. (Unintelligible. ) 14 MS. FUJII : And I just want to and have you 15 explained that to the owners? 16 MR. (Unintelligible. ) 17 MS. FUJII : Okay. Okay. 18 MR. LEE: They say it' s all surface, but we also 19 maintain as water travels under. 20 But also, we also found another stream, tributary 21 stream that was on the USG map that was 574 feet down. 22 HEARING OFFICER: And where was that located? 23 MR. LEE: That was located on the -- 24 MR. MICHAEL LEWIS: It' s a blue stream -- 25 MR. LEE: Yeah. Certified Shorthand Reporters —78— 2321 Stanwell Drive?Concord,CA 94524-4868 F.O.Box 4107?Concord,CA 94524-4107 (925)685-6222 9 fax(925)6853829 1 MR. MICHAEL LEWIS: --- a blue line? 2 MR. LEE: Yeah. The corner of -- do you have 3 a -- 4 HEARING OFFICER: Yeah. I can actually say I was 5 out there to look on the opposites side of Highway 24, 6 the one that comes down -- 7 MR. MICHAEL LEWIS: Is it on the maps that -- 8 MR. LEE: -- in front of your other property. 9 MR. Okay. 10 HEARING OFFICER: 'That' s actually defined as 11 tributary. We measured that. It' s actually 570 feet 12 to the stop sign. 13 Now, if that would -- you knew, whatever happens 14 with that would be adjustable with the sire of building 15 or whatever -- and I' ll cover that in a minute -- but 16 we dial look and say, here' s a blue line, we looked at 17 that (unintelligible) . 18 MR. JIM LEWIS : Yeah, it' s an intermittent stream. 19 MS. FUJII : I personally, and I have nothing to do 20 with this -- 21 MR. . Yeah. 22 MR. . It dries up every summer. 23 MS. FUJII : Your argument that if you' re 1,001 24 feet from the reservoir and not within a thousand feet 25 of a stream, you'd be allowed to install a system, to . ... Certified Shorthand Reporters 0 2321 Stanwell Drive?Concord,CA 94520-4808 P.O.Box 4107?Concord,CA 94524.4107 (925)685-6222?Fax{925}685-3829 1 me is -- it sounds like a good common sense argument to 2 me. 3 MR. HANTZSCHE: Right. 4 MS . FUJII : But I'm not a hydrologist and I don' t 5 know. 6 MR. HANTZSCHE: Right. 7 MS. FUJII : And I suspect that there are very few 8 areas around a reservoir where you will not have a 9 stream within a thousand feet. 10 MR. . Might. 11 MR. HANTZSCHE: Yeah. 12 MS. FUJII : So I don' t -- yeah. 13 MR. HANTZSCHE: There' s very few. I did find one 14 there at Briones, just from the map, looking at the 15 map, the streams . It' s a flat area, but it is -- yeah, 16 cause I thought, well, is it possible. And there is 17 one area just on the map, maybe. But you' re right, 18 .it' s not a common thing. But again, it' s a theoretical 19 possibility. 20 HEARING OFFICER: Okay. I'm gonna go on. You 21 guys have anything you need to add or contradict? I 22 will talk a little bit on sites and so forth. 23 MS. FUJII : If you have questions of staff, this 24 is a good time to ask. And we don' t have any problems 25 with the tape recorder but -- .., Certified Shorthand Reporters low -80— 2321 Stanwell Drive 7 Concord,CA 94524-4908 P.O.Bax 4147 7 Concord,CA 914524-4107 (925)685-6222?Fax(925)685-3829 _. __ 1 HEARING OFFICER: I usually throw them out. 2 MS. FUJII : No, you can throw them out. It' s up 3 to you. 4 HEARING OFFICER.: I made that decision. 5 MS. FUJII : I just want you to know that, you 6 know, if a decision comes out that you'd like to 7 appeal, it' s going to be a de novo hearing. 8 MS. ATTARD: It' s going to be a what" 9 MS. FUJII : De novo. 10 MS. ATTARD: What' s that mean? 11 MS. FUJII : It means all new hearing. 12 MS. ATTARD: Oh, yeah. 13 MS-- FUJII : Okay. 14 MS. ATTARD: Yeah, we just want the -- 15 MS. FUJII : Right. 16 HEARING OFFICER: Yeah, let me clarify that. 17 That' s exactly what I was gonna be leading into -- 18 MS. FUJII : Yes . 19 HEARING OFFICER: -- is that I will basically take 20 this and assure you, Lillian and Richard and I will do 21 some work on if at all possible reaching a decision in 22 five days . That is my intent. You do have a right, 23 either way it goes, to appeal to the board. 24 The other one that I really have a quick concern 25 that we need to realize torr, is that if we find that Certified Shorthand Reporters _ 2321 Stanwell Drive?Concord,CA 94520-4808 F it" E, _8 P.O.Box 4107?Concord,CA 945244107 (925)685-6222 7 Fax(925)685-3829 1 there is a way that, you know, it can be done with a variance, there are a lot of site constraints that you 3 need to be ready to address . And that includes the 4 location of the well which limits --- you've got that 5 setback you can' t change. 6 That includes some of the other treatment in 7 there. Basically you have a very narrow property for 8 development. you' ve got some steep slopes, you have 9 some creeks in there. 10 So the bottom line is either way, you know, it' s 11 not a slam-dunk. We also have a restriction on putting 12 systems in fill material , which part of that property 13 is fill no doubt. So these are things that, you know, 14 I don' t know if it' s gonna come over or not. 15 I have said previously you stall have the right on 16 the holding tank. That is one that would still be 17 feasible. However, if we basically determined that it 18 was not within the thousand foot setback, we' d have to 19 go back and look at that and {unintelligible} to do 20 that. That' s another issue. 21 So we've got a ways to go. I think there' s been a 22 lot of good things said today, and it' s much 23 appreciated. It will not be an easy decision. And 24 it' s not an easy decision because ghat I look at is 25 what we come down with is gonna be important for all w�.....w., Certified shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520-4808 dim IM. —82— P.O.Box 4107?Concord,CA 945244107 (923)685-6222?fax(925)585-3829 I areas, not just your place. 2 You know, I appreciate the fact that it has been 3 brought in to a head. We neem to do this, and so the 4 staff will not (unintelligible) . 5 Anything else? 6 MS. FUJII: Do you need a decision in -- 7 MS. ATTARD: Yeah. 8 MS . FUJII: -- in five days? 9 MS. ATTARD: Yeah, I just -- 10 MS. FUJII: You' re gonna get a decision that' s 11 not -- 12 MS. ATTARD: Right. 13 MS. FUJII: -- that' s the decision.- 14 ecision,14 MS. ATTARD: Right. I that' s an ordinance won' t 15 we waive our right to -- 16 HEARING OFFICER: Okay. 17 MS . ATTARD: -- to the five days . 18 MR. MICHAEL LEWIS: We want you -- 19 MS. ATTARD: We' d much rather -- 20 MR. MICHAEL LEWIS: We want you to do the right 21 thing. 22 MS. ATTARD: We want you to do the right thing. 23 If it takes you two weeks -- 24 MR. MICHAEL LEWIS: More accurate. 25 MS . ATTARD: -- you known, I don' t -- Certified Shorthand Reporters aRs i 23.21 Stanwell Drive?Concord,CA 94520-4808 . -83- PD.Box 4107 7 Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 I MS. FUJII : There may be -- 2 MS. ATTARD: Two, three weeks , whatever you need 3 to -- 4 HEARING OFFICER: Okay. Basically when I looked 5 at it, many of our things, I have to say a decision in 6 five days . I'm sure if you agree -- 7 MS. ATTARD: We all agree to waive that. 8 HEARING OFFICER: -- that it' s not necessary, then 9 I' ll waive it. 10 MS. ATTARD: Absolutely. I think that -- 11 MR. MICHAEL LEWIS: That would be unfair. 12 MS. ATTARD: Yeah. 13 MR. MICHAEL LEWIS: -- I mean to you. 14 MS. ATTARD: You need to understand -- 15 HEARING OFFICER.: Yeah, but you have your rights, 16 too. 17 MS. ATTARD: From our perspective, what we need 18 is, we were born and raised in this area. We' re not 19 going anywhere. This issue is going to get resolved, 20 you knew. 21 And the reason why this is being documented is 22 that the public outcry from a farm local trying to get - 23 something that every health person knows, it does not 24 go into the water quality. Every person I've talked to 25 agrees that there is no way that this one small septic Certified Shorthand Reporters 2321 Stanwell Thrive?Concord,CA 94520-48{18 REP ? EUI G SEW91M —84— P.J.Box 4107?Concord,CA 94324-4107 (923)685-6222 7 Fax(925)585-3829 1 system, pretreated, top of the line, out in the middle 2 of nowhere, is going to negatively impact the water 3 that my children drink, my children' s children -- I 4 mean we drink. I mean I was born and raised here. 5 It' s not logical that this is happening to a small 6 organic farm that' s been here for 25 years. 7 HEARING OFFICER: Tamara, let me say again, the 8 law is not always logical . And that' s what I'm faced 9 with is what is right. 10 MS. ATTARD: And we' ll be here forever. 11 HEARING OFFICER: And I assume -- I haven' t even 12 thought about this, but I assume that you' re zoned 13 correctly to grow bay leaves on doth sites -- 14 MS. ATTARD: A2 . 15 HEARING OFFICER: -- since the subdivision. 16 MR. MICHAEL LEWIS: Oh, yeah. 17 MS. ATTARD: Yes . A2 . 18 HEARING OFFICER: And I don' t know that you have 19 to have use permits or anything else. 20 MS. ATTARD: No, nothing. 21 HEARING OFFICER: I assume they' re all okay, but 22 that' s -- 23 MR. . But we' re the only farmers in the 24 County. 25 MS. ATTARD: Well -- rrnem000+eepYtu..� Certified Shorthand Reporters g _ 2321 Stanwell Drive?Concord,CA 94520-4808 SEW"M P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 HEARING OFFICER: Outstanding in your field, I 2 know. 3 MS. ATTARD: Certified organic. 4 HEARING OFFICER: Okay. Let' s go ahead and put it 5 through then. 6 MR. MICHAEL LEWIS : I just want to say one thing. 7 I thank that, you know, I'm just guessing, now this -- 8 I was gonna answer or just say something to you maybe 9 as a layman type thing. 10 And I wanted to preface it by saying that this 11 doesn' t have anything to do with, you know, our meeting 12 here, it' s just kind of information. 13 And that is that, you know, you go -- when I dial 14 the history on these old houses and so forth, these 15 places literally had, you know, one of the standard 16 things was to have a six by four redwood line hole in 17 the ground -- 18 MS. FUJI I : Yeah. 19 MR. MICHAEL LEWIS: -- and then one 50-foot line 20 coming out, and that was it. 21 And I think that when you start -- 22 MS. ATTARD: Yeah. 23 MR. JIM LEWIS: -- looking at all those systems 24 all around, you know, the County or the country, then 25 you have: people in the 160s, you know, that are Certified Shorthand Reporters —86— 2321 Stanwell Drive?Concord,CA 94520-4808 P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3824 1 drafting ordinances for the whole protection of their 2 county, then they' re saying, hey, I need to protect 3 this because look at these systems that are out there, 4 they smell terrible, they' re not so good. 5 And what I wanted to say is that, you know, I've 6 seen systems around the Bay Area and elsewhere where 7 you have muni systems . My wife: sells to, you know, 8 muni systems where they are disposing of, you know, 9 sewage treatment. And they make mistakes, and all of a 10 sudden you' ve got sewage going places where it' s not 11 supposed to go. 12 And I mean, you knew, sewage is a thing that 13 people have to deal with. 14 MS. ATTARD: Absolutely. Good point, you have to 15 deal with it (unintelligible) . 16 Mtn. MICHAEL LEWIS: And what I'm trying to say is 17 that the business community in the United States has 18 come up with a number of different systems to treat 19 sewage, like this new system right here, systems that 20 he' s designed. 21 if I were to go to the building show in San 22 Francisco and look at companies that sell new systems 23 around the Bay Area., they have incineration systems 24 that, let' s say I'm not interested in, you know -- 25 let' s say the County has a standard that I want a Certified Shorthand Reporters 2321 Stanwell Drive?Concord,CA 94520.4808 INC —87— P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)685-3829 1 higher standard, okay, 'cause it' s my property, I'm 2 gonna stay there for the rest of my life, and I want to 3 go with some systems that I feel , you know, incinerates 4 this stuff and makes it so you can basically just water 5 your plants with it if your wanted to. 6 But let' s say you don' t do that, let' s say you 7 incinerate it and then put it in one of these systems 8 that' s approved by the County, you know, I would feel 9 more comfortable with that. 10 And these are some of the systems that are out 11 there today as opposed to that 50-foot line that the 12 drafters were afraid of. 13• MR. . Yeah. 14 Mei. MICHAEL LEWIS * Okay. That' s the point that I 15 wanted to make -- 16 MS. FUJII: Okay. 17 MR. MICHAEL LEWIS: -- from a layperson' s -- you. 18 know, some of these systems are better than some of the 19 muni. systems . 20 HEARING OFFICER: Let me respond a little on that. 21 I don' t doubt you. 22 Tni''e also are faced with some decisions when your 23 children decide they' re not gonna hold the property and 24 whatever -- 25 MR. MICHAEL LEWIS: Okay. That' s fair. Certified Shorthand Reporters 2321 Stanwell IXiye?Concord,CA 94520-4808 R. l 11Cir i:1'�tC PD.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(423)685-3829 1 BEARING OFFICER: -- (unintelligible) we think 2 about the final -- 3 MR. MICHAEL LEWIS: That' s fair. 4 HEARING OFFICER: -® (unintelligible) and so 5 forth.. 6 MS. ATTAR►: Our children love the property. 7 HEARING OFFICER: "Yeah, but property owners -- 8 MS. ATTARD: Sorry. 9 HEARING OFFICER: As property owner they require 10 participation. And then when the property is sold, 11 whether it' s intentional or not, as an estate or just 12 having them out of here, the next property owner 13 doesn' t have any intent to maintain it. 14 And that' s part of what we' re working with Norm 15 and stuff on is we have to set up ways of maintaining 16 these. And it' s gonna have to be industry that' s gonna 17 do it. I'm not gonna form a county service area to 18 maintain all of this, it just makes no sense. 19 On the other hand, please recognize also that our 20 streams go -- you saw what we've done with building on 21 Salisbury Island last week -- 22 MR. . Right. 23 HEARING OFFICER: -- where the Board of 24 Supervisors held up _- 25 MR. Might. Certified Shorthand Reporters 2321 Stanwell Chive 7 Concord,CA 94520-1808 SERIOC —89— P.O.Box 4107 7 Concord,CA 94524.4107 (925)685-6222?Fax(925)685-3829 1 HEARING OFFICER: yes, go ahead and demolish 39 2 homes for having the - - 3 (End of Tape 1 , Side B - Beginning of Tape 2) 4 MR. MICHAEL LEWIS: I need to respond to that just 5 by saying that I certainly understand that you have to 6 protect the whole County and, you know, any system that 7 goes in needs to be needs to do that. 8 And if I were to put in a system that did some 9 sort of a pretreatment or , you know, did something that 10 I thought was better, I understand that it' s got to be 11 set up for the County that if I go away, whatever 12 system is there needs to be meeting the County 13 standards . And I understand that. 14 Hearing OFFICER: And the person that of course 15 takes over for you -- 16 MR. MICHAEL LEWIS: of course. 17 HEARING OFFICER: -- is gonna be able to do that 18 and understand they have that obligation -- 19 MR. MICHAEL LEIS: Right. 20 HEARING {OFFICER: -- (unintelligible) you knew, 21 you' ll have to record it on the property deed. 22 MR. Exactly. 23 MR. MICHAEL LEWIS: Many counties, what they do is 24 they require a company to go out and inspect that 25 system sometimes quarterly. Certified Shorthand Reporters 2325 Stanwell Drive?Concord,CA 94520-4808 —90— P.O� Box 4547?Concord,CA 945244547 (325)685-622.2?Fax(925)685-3829 ...................... 1 MR. Yeah. 2 MR. He probably knows that. 3 MR. MICHAEL LEWIS: Well, not everyone -- 4 MS. ATTARD: Norm (unintelligible) . 5 MR. MICHAEL LEWIS : I mean not everyone else knows 6 that. 7 MR. (Unintelligible. ) 8 MR. Yeah. 9 MR. Recurring revenue. 10 HEARING OFFICER: Okay. Thank you very much. And 11 we' ll go from there:. 12 MR. Thank you. 13 MR. MICHAEL LEWIS: Thank you, very much. 14 MS. ATTARD: And I want to know, would you guys 15 like a copy of the hearing so that --- 16 HEARING OFFICER: You, know, I wouldn' t mind one. 17 MS. ATTARD: I think it might be goon because -- 18 HEARING OFFICER: I really wouldn' t. I couldn' t 19 take dawn -- 20 MR. MICHAEL LEWIS: Get that history in there, 21 right"? 22 MS . ATTARD: Yeah. 23 HEARING OFFICER: The history is one thing to me. 24 But you know, just some of the points, I think were -- 25 MS . ATTARD: Right. certified Shorthand Reporters 9 — 2321 Stanwell Drive?Concord,CA 945204808 REST 1 P.O.Box 4107 2 Concord,CA 94524-4107 {935}685-6222 2 Fax(925)685-3829 _ 1 HEARING OFFICER: -- you know, interesting. 2 MS. ATTARD: So you can listen back to it, and I 3 will -- 4 MR. EDWARDS: Could we have a copy of the recipe 5 for that Wiley elixir? 6 MS. ATTARD: We' ll see what we can do. 7 MR. JIM LEWIS: Yeah, that' s pretty cool . It 8 cures everything. 9 HEARING OFFICER: Just take a bottle of bay leaves 10 and aced. Jack Daniels . 11 MR,. MICHAEL LEWIS: That' s probably it. 12 MR. JIM LEWIS: So you know about it. 13 MS. ATTARD: We actually tried to use bay leaves 14 with Margaritas . 15 MR. MICHAEL, LEWI S: You' re one of the first 16 customers. 17 HEARING OFFICER: Okay. Thanks. 18 MS. ATTARD: Thank you. 19 --000-- 20 21 22 23 24 25 Certified Shorthand Reporters 2321 Stanwell Ehive?Concord,CA 94524-4848 RE IIS. `— P.O.Box 4107?Concord,CA 94524-4107 (925)685-6222?Fax(925)6853829 1 STATE OF CALIFORNIA ) ss . 2 COUNTY OF CONTRA COSTA } 3 4 1, JOHN A. ZANDONELLA, do hereby certify: 5 That I sin a Certified Shorthand Reporter of the 6 State of California, License No. C-795 7 That the foregoing pages are a true and correct 8 ' transcript of the proceedings before the Contra Costa 9 Environmental Health Director, County Building, 10 Martinez , California, except as noted "unintelligible" 11 or "inaudible. " 12 1 further certify that I am not ,interested in the 13 outcome of said matter nor connected with or related to 14 any of the parties of said matter or to their 15 respective counsel . 16 Dated this 14th day of August, 2003, at Concord, 17 California. 18 19 20 Z xcen-se C-795 21 22 23 24 25 Certified Shorthand Reporters —93— 2321 Stanwell Drive?Concord,CA 945204808 P.D.Box 4107?Concord,CA 94524.4107 (925)685-6222?Fax(925)685-3829 LlT `�t � T) Perm i`F f S5ued--Gor Se 'tic, .Sys+em 0 oposeA Jul+emaft've fiG5y&m n #' tale 't OF tVII j1 1� 1 r� I Cll J ,r s 4`� 'rl' � !• tr t Gb A 0 C� FROM PanaSomi c FAX SYSTEM Pim NO. 510 644 1021 Aug. 20 2003 04:39PM P2 HEALTH DEPARTMENT Contra Costcl County '92=64Date... "z./ bptration Dc"....... .�, . s ::..,.......w...w.. PERMIT Owner .. t ...,» ww.w... CoMrockw?.. .... �y INSPECTIONS Layout Excavaflaa' Dote........_......w«.....-- by..........................w«.. d#«..................w. .......w..w...a.... This Card must be posted on the proinims ate so pkN*d as to be easily accessible to the Son- Each Each irgndion must be fund by the Sark. ita dan berforo proceeding i nw step. For tntpections No* @'H"4 Kai 1161 W _ _. ... __ FROM : Panasonic FAX SYSTEM PFS NO. : 510 644 1021 Aug. 20 2003 04:39PM P3 HEALTH DEPARTMENT Centra Costa County 910046 l xpira"on hate....l {fir `.. ...................: PERMIT Location ....N4 A- I V-I ow.w w+•9sv,vMt., rw..wfs ,i�.i(a i .fpfH RWM By................ ... ..............fi..,i.f.w.4 • \I i f �� �� � �wF'µ � V INSPECTIONS �m►attatts . Date........... .»..........r. ..... ..................... Final .cam.__ .......r.....r......... f:y........a....aa... .,,w..a..... . Thb Card mast be posted on ft premises and so plawd as to be easily accessible to the San. Radon. Each inspection must be signed by the San. itarian before pror-eding fe not step, For k"*c&ft NoWy ENAD-3 Rai 4M IN FROM Panasonic FAX SYSTEM PNCC NO. t 510 644 1021 Aug. 20 2003 04:40PM P4 HEALTH DEPARTMENT Contra Costa County No..... 1 'A. cam... PERMIT moa »,�..... k. . Chimer+ .�.1:+.�4.. - ... Cocw .. . . .». ............. Byr....._.. .. ,. p .�. ..�... N• $y,....... .... .. ...,..........:»......... I PW, 24s- ISO- otq INSPECTIONS Excavations Date........... ............... By..............»......»..»». Final Card must be posted on f6 pr*mkm and so placed as to be easily+pili to th*.Son. ° itarian. Each Impaetlon must be signed by the San. itarian before proceeding to next step. for h"edlaft No* ENA04 Kat 1/41 IW _ __ FROM Panasonic FAX SYSTEM PHONE NO. 510 644 1021 Aug. 20 2003 04:40PM PS I E HEALTH DEPARTMENT Contra Costa aunty a '/Lt . I PERMIT 3 t Cordmdor BY ...... `'` .. .. +++�. By__, �� ::� . .......�.«...:...._ 4 DOM { t INSPECTIONS J Excai t t7,ar�. ........ 8y. .. ... ......_.........._ Fl �l e�at* yyy( .................�........ �Y.«..............,.....,......... F Thk Card mint be poftd on#w prefalm+end I so pkwed as to be easy a to tfw Sten. Each Wpedlon mast be alwwd by the 3an. J � SHAD4 K"Vol IAN r { PROM Panasonic FAX SYSTEM Ptd NO. : 510 644 1021 Aug. 20 2003 04:41PM P6 16 Ct U#ffY OJF CONTRA COSTA—GIFINERAL RECEIPT51 ri FOR � lll_� GASH ACCT BAL. AECEIVED FROM ECK PAI M0NeY BAL. • ORDER FROM : Panason i r FAX SYSTSM PHME NO. 510 644 1021 Aug. 20 2003 04:41PM P7 COUNTY Of CONTRA COSTA -GMERAL RECEFP'T G 573585 Y DOL $ 5- AW EF CASH M RE PAID 7OJECK AM -. d,: FP0M : Panasonic FAX SYSTEM PHME No. 510 644 1021 Aug. 20 2003 04:39PM P1 +Q Health Services Department `..: Costatra ENVIRONMENTAL HEALTH DIVISIO 1 � till Ward Street County Marnn*L Clafifornia 94663-1352 521 July 12, 1995 Jean M. Lewis 9 Archer Circle MomSa, California 94556 RE Sail profile AnalysiS'at;. lt)a1 f=ish, nch'Road, OAnda Acta$Wr's Parcel Number: 265-180--010 Dear Ms.-Lewis: A soil profile analysts at the above refeXCneed location on,bate— showed sulftcient soil depth in the area evaluated to warrant ftthtr evaluation via dation tests. Enclosed is a handout Salt Evatwtion for On-fie Wastewater Dispml, which outlines the percolation test procedure. Also enclosed is a trap showing the location for the percolation tests. NORMALLY, SUCH SOIL DATA WILL RE CONSIDERED VAUD FOR A PERIOD NOT TO EXCEED 3 FEARS. You must provide a wi aled plot map of the area so percolation test locations can be designed by this offices. Please note that tit-site wastewater disposal systems must comply with all state and local regulations in effect at the time of installation. A permit must be obtained prior to commencing ahy'septic sysan work. A percolation test fee of$606.00 mast be paid prior to testing. If you have any questions, please contact me at (.510) 646-1259, weekdays between.7:30 a.m. and 9.00 a.m. Sincerely, Joseph G. Dos", R.E.H.S. Senior Envi rc memal Health Specialist Jti� :pe Enclosure +rvx> ► AAM itorsre s 9+ Jv zi �- z., 1'1 � " "i: �'C "�4'r'.. S ( - :fir• � � 1 a 4, a THE DOM OF SUPERVISORS OF C09M COSTA COUM, CALIFORNIA Adopted this order on February 25, 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Tor2akson Powers k1OES: None ABSENT.- None AMAIk. None i SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Consent of Offer MS 72-84 State of California Orinda of Dedication for Roadway Purposes �hartttY et'rt4fy th�`tttts is a true artd cotxactaopt+ot Art cotton takon and anttter on the n inutte at tha 800rd at superwacn oa the d9te shown. AMSTID: . �J PHM MATD#tELOA,Ctark Of thm board of Supsrrtscis and C:ctn:tti At;rrtlrt#strstot VAAid Origitwator: Public: Works {E5} cc. Recorder (via ES) then PW Records Director of Community Development 50:25.t2 THE WW OF SUPERVISORS OF CONTRA COSTA CMM, CALIFORNIA Adopted this Order .on February 25, 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson P Powers HOES: None ABSENT: None AMAIN: None SUBJECT: Approval of the Parcel Map, 5 RESOLUTION NO. 86/80 Subdivision MS 72-84, } Orinda Area. } } The following document was presented for Board approval this date: The Parcel Map of Subdivision MS 72-84, property located in the Orindar area, said map having been certified by the proper officials; Said document was accompanied by a letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1985-86 tax lien has been paid in full. NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETER1IINED to be con- sistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths or easements shown thereon as dedicated to public use. f h*retsy'C#rtity thath0s Is a true and**rreet copyrof an 603#on takers and entered on the minutes.of 9* Board of dir#r"sors on the date shown. ATTOSTIA: Pati.BATCHELOR;Clock of We Board at Supervisors and Couray Administrator Originator:. Public Works (ES) cc. Director of Community Development Theodore Nissen 2014 Whipple Avenue Redwood City, CA 94062 80:25.12 RESOLUTION NO. 86/80 �y kA stip Nil IN AF • R �$(AV lag 12 1 IDS 5 t � ����� b � '�• '� '"w"h ^'a a r r�{r{ 'v �'� yt�y }��x�'1' �, oo ' t r1C+"y�,, ��# L' s , A4 weLay y +p`{l" y'#w i ' lax �!{�'�i f'�°j,•,. �x �. 9 to � ` �, u�, ut ?� .s" +."�"y A` y .rJ'A"°� ..• -.14 Y ,p�'`' I � � � + 1t tt�s.#" .. .. 4r J R 6 # c� �„y�tw;�.y � � �,.� k�j r tib: ;�,�x • t Y' fi,.' t •, w4�*~. x qs . iv �t�^�r`"�`Y y�,q ys1 z .X *S y�'�: 1 .� ° �} 3t s.. �';,. 'S.• }�q+"t�lk�.�� "M .�,'' �t���F. �tf�.a«�a,•. vet ? t�'�.y{.• �x a'.. tr SQ''.s SA'•4 ^ 't W4" '2 i i Ai Anj *[ y`1 41, '. �ytna-� may! b �Q �`�y CzX p tT* la �wJ,,, :.,1�2.' a { '�' ♦ w.^ err .�; AM ? ''S, a^`a '• '"S1 "'4 z ',2y fx 'i":':tsAZ is iM k It C31 t . m lzi $ ext{t a .�' It M ,.. 4 LEGAL NOTICE IZGAL NOTICE (Coot) ORDIWANCBl NO, OS-10 {2) The variance would not areata nor contribute to the AN OIiI 94ANCE A il''sI U40 creation Of a public health nui- O DINANM Cl O D 19 810M. sauce. 4600. 4640 & 4648 I2EIATING (3) A community Sewage col- TO S.VWAQE. lectlQu the'pem is not available The Board of Supervisors of (4) The sewerage system will Contra Costa County*ordains as not contaminate, the domestic follows: water supply reservoir. SZ=10N I, deeiden 46" of (b) the Parcel or Iot is too read follows:ce Code to amended located within a drainage ares, as llows: of a domestic water supply res- deetdoe 4969: Refisid#lanx AS ervoir, any structure requiring used In this Division, the foI- disposal of sewage shall be lowing words and phrases have connected to a community sew- the meanings sat forth* ages disposal systema if a com- a) Person includes, in addi. munity system to not available tion to the definition contained and the conditions specified in In Section 1808(g). a public or subsection (a) are satisfied, the governmental agency . Healtlh Officer may grant a var. SEC"ON f1 beetle t 4040 of lance subject to other reason" the County Ordinance Code is able condition* aped the follow- amended by adding subsections Ing: (f) and (g) as follows: (1) Between 50 and 1,000 feet (gentles 4"4x neflal#lanal from the reservoir or tributary £f) Ctasaeo#da Water grspply stream, a water-tight sewage Reservoir means an existin holditeak system, or equal, ng $'or will be required. :such *y*tern proposed open uncovered reser- must be owned or operated by voir used or intended to be a presently existing publi, used to impound water inten- .agency having statutory auth- ded for humea oon*umption Or ority to provide such service. domestic purposes, Including a reservoir planned for future in- (2) Beyond 1,006 feet from a stallation where :thot water im- reservoir or tributary stream a pounder states in writing to the septic tank or other similar so- Board of Supervisors the intent ceptable system may be per- to install or construct It, ac- witted subject to all the oon- compan!" by groof found sat- dit osns specified In (a) above. Isfactory by the Board, dein- It to the intent of this ordin� onstrating appropriate rights ance to provide maximum pro- in the land intended to be so tection to the water quality of used and the capacity to con- the waters stored in these res- struct and maintain the facility.. ervoirs and any variance gran- (g) Drainage Area of a Do- ted trust be considered as an taaeotle Wader iiap�gly Reservoir Interim method of sewage din- means all the land that can or posal which shall not create may drain into the reservoir, eituations that may become a whether or not topographical meance to the public health configuration is artifically or Sl0CTICW$ ICT. EFFIlCr naturally caused. DATE. This ordinance becomes S ErMION 111. Seoetlu 4 of effective 80 days after passage. the Ordinance Code is amended and within 15 drys of Passage to read as follows: shall be published once with 0eetion 4:84.3.IsidivIdual Saw. the names of Supervisors vot- ing for and against it in the aimr o1tal lot aro a, exalus- "Pinole Progress," a newspaper The published in this County ive of underground: and surface PA IDD AND A.DOPTPD ON easements shall be ten thous- April 16, 1968, by the following and 18,000) square feat or vote: more for a single family dwell- ing or other structure requir- ,AY : Supervisors - J. P. ing a sewage disposal sy stem, Denny, A. M, Mae T. J. When both an individual sew- Coll, 7F1 A. z itiache{d age systern and private water NOM Supervisor -J.E.Mor- supply are required, the total tarty lot area exclusive of under- ABSENT.- Supervisors - Woad. ground and surface easements, ( shall be one (1) acre or more. AL,1 RIDD I(SEAL) Chair- TheI•Iealt6r Officer may grant man a! the Beard variances to the provisions of this section when he finds all AT'I`BST- of the hallowing conditions to W. T. PAASCH, County be met: Clerk and ex-officio (1) The lot in all other rear Clerk of the Board Pacts will comply with the re- By Lourette M. .Bonner, quirements of this division and Deputy Clerk, � regulations issued by t It a (Published P I n o I e Progress, � Health Officer. April 25, 1068.) xi Nag 05 03 03.42p Clerk of the Board 925 335 1913 P.1 4 C3RmNAN IPO. $1-30 (Sewage Systems for Subdivisions s Individual Systems) The Contra Cresta County Board of Supervisors ordains as follew,as (Omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County ordinance Code) : SECTION I: Chapter 420-6 "Subdivisions and Individual Systems" of e�y Ordinance Code is repealed, amended, and reenacted to read: CHAPTER 420-6 SUBDIVISIONS & INDIVIDUAL SYSTEMS ARTICLE 42046.1 DEFINITIONS 420-6.101 GENERAL. Unless otherwise specially provided, or require;l�y 't")`a: context, the following terms have these meanings in this Chapter. (Ord. 81-3f1 $420-6.002: Orris. 74-67 53; prior cede 54540. Ord. 14403 51) . 420-6.103 DOMESTIC WAFER SUPPLY RESERVOIR. "Domestic waster supply reaservofr" means an existing or proposed open uncovered reservoir used or intended to impound water for human consumption or domestic purposes, including a planned reservoir where the water impounder states in writing to the board his intent to in- stall or construct it, and satisfies the board that he has appro- priate rights in the land and the ability to finish and maintain it. (Ord. 81- 30 s 5420-6.002(6) : Ords. 74-67 53, 68-16 52: prior code 64640(f)). 420-6.105 DRAINAGE AREA. 'Drainage aream of a domestic water supply reservoir means all the land that pan orrain into the reservoir, whether or not the topographical conf guration is arti- ficially or naturally caused. (Ord. 81-34 $420-6.002(7) : Ords. 74-67 $3, 68-16 $2: prior code $4640(g)) . 420--6.107 HEALTH O"ICER. "Health officer" includes any subor naC (3)(sy that the health officer designates from time to time to perform any or all of the health officer's functions hereunder. (Ord. 81-30 r 5420-6.002(8) : Ord. 74-67 S3: prior carte $4640). 420-6.109 IMPROPER FUNCTIONING. "Improper functioning" indivx raid systere means a system which allows sewage to escape to the surface of the ground or prevents plumbing fixtures from draining. (Ord. 81-30 t 5420-6.002(4) t Ord. 74-67 $3: prior code 54640(d): Ord. 1440 $1) . 420-6.11.1 INDIVIDUAL SYSTEM. *Individual system" means a system whi-c-x consists of (1) the drainage pipes of a structure and the septic tank and subsurface absorption system to which they are connected; or (2) any ailternative•system designed for the dispersal, of sewage and acceptable to the health officer. (Ord. 81-30 z J420-6.002(3) : Ord. 74-67 53: prior Goode 54640(d) - Ord. 54640(4) :Ord. 1440 Sl). 420-6.113 SEWAGE. *Sewage` means liquid or solid waste sub- stance, w+ 1 is associated with human habitation or which contains or may be con aced with IuMan or excrement or offals. (Ord. 81-3 t 642 $3: pr' or Sodas 64E1(�) Ord. 1440 51) . ORDINANCE 90. 81- 30 (1 of 7) __ _.... .................................................. Matj 05 03 03s42p Clark of the ward 925 335 1913 p.2 420-6.115 SEWER AVAILABILITY. "ewer availability" means e sanitary seweris available for connection to a structure requiring sewage disposal because: (a) The entity operating the sanitary sewer indicates in writing that the proposed structure can be connected to the sanitary sewer; and (b) The cast of providing sanitary sewer service, exclusive of all annexation fees, connection fees, and the sewer pipe instal- lation costs between the structure and the publicly owned sewer in -the street or right-of-way, is less than five thousand (5,000) dollars, or ten (10) percent of the full rArket value of all existing and proposed improvements, whichever is greater, and (1) The area of the property to be served is lass than 40,000 square feet and the sanitary sewer is less than three hundred (300) feet, measured horizontally, from the nearest property boundary, or (2) The area of the property is more than 40,000 square feet and the structure requiring the disposal of sewage is located less than three hundred (300) feet measured horizontally to the nearest property boundary adjacent to the sanitary sewer. (acrd. 81- 30 : 420-6.002(5) : Ord. 74-67 §3: prior code §4640(c) Ord. 1440 §I). 420-6.117 SUBDIVISION. "Subdivi Ma-j 05 03 03s42p Clark of the Hoard 925 335 1913 p.3 (l} That such waiver shall be limited to minor repair of the "improperly functioning" existing individual system, provided no nuisance will be created, con- tinued or maintained by such waiver, and (2) That all other requirements `mss shaper and regulations can be met. (Ord. 81-30 ) 420-6.303 PROHIBITIONS. (a) No person shall build or alter any structure or build on or improve any land, requiring sewage disposal., without having a currently valid permit for an approved individual system or con- necting no as approved sanitary sewer. (b) Pio person shall discharge or deposit sewage to the surface of the ground. (c) No person shall have or permit an improperly functioning individual system. (d) No person shall install, construct, repair, reconstruct, relocate, destroy, alter, or abandon any individual system, cesspool, pit privy, sewage holding tank, or seepage pit without the health officer's advance written approval. (e) No person shall have or maintain an improperly functioning building sewer or lateral which conducts sewage from the building to a community sewer collection system. (f) No person shall engage in the business of cleaning septic tanks and subsurface leaching devices, sewage holding tanks, cesspools, or seepage pits or of providing or cleaning chemical toilets without having a valid permit, license and/or registration issued by the health officer. (g) No Parson shall change any approved plan or work without the health officer's advance written approval. Ord. 1d. 440 52, 6402 � I l; 111-3,`V-2).prior code 5§4641, 4646: 420-6.305 BUILDING PERMIT RESTRICTIONS. Applications for buil4lrYg�ts or certificates of occupancy for Structures and/tar to build on any promises requiring disposal of sewage shall, prior to their issuance, ttod a health off r for s raev d :written issuance, , 0 propose sews e d Salem. n the ld.rng dire c send t at t as not been demonstrated' that an adequate sewage disposal system complying with this chapter exists or is assured that such lack is a' danger to or likely to cause public health problems, he may with- bold thus issuance of the requested permit or certificate. (Ord. 81- 30 a 59420-6.010, 016, .024; Ord. 1752 54, prior codes SS4644, 4648, 4649% Cards. 1440 §4, 9, 640 11-7, X11-6). 420-5.307 PUBLICATION OF RZOVIATIONS. health officera make and FWi h regulations ;tiY xnak 8 eC O th pravisiones tsf t?e ter. T3xest regulaticsns shall becoma a active esx i �v the clerk of the board of supervisors and posting ixt the cotxlsty ealth department. The health officer shall be responsible for the enforcement of this chapter. (Ord. 6l- 3t) ; prior code $4650: Ort:. 640 51). 420-6.309 INvESTICATIONS. To enforce this chapter, the health officer may center and inspect any promisrea, operations or work regulated hereby, at reasonable timGb and with•suc;a notice to t:xe tsstner, oc- cupant, operator, applicant, Licenses*, or parmittee, as is reasonable and practicable under-ths circumstances. In conducting such inspections the health officer is authorized to t>rocesd pursuantto the Code of Civil Procedures Sections 1822.50 and following. (Ord. 81- 30 ,§5420=6.016(e), 420-•2.008. Ord.. 74-67; prier rhe 54547(e) : Ord. 1440 17). 0XDMwm 33 no. 81-30 (3 of 7) __ htatj 05 03 03e43p Clark of the ward 925 335 1913 p.4 1420-6.311 NUISANCE ABATEMENT. (a) Hearing. Except in instances of necessity or emergency, whethe health officer declares an individual system to be a public nUissarsce, he shall promptly so notify the owner of the property by certified mail to the owner's address on the assessment roll. The notice shall state why the system is a nu sance, .and shall also state that the owner of the property has thirty (30) days after mailing of the notice within which to abate the nuisance, failing which the health officer may have the nuisance abated and the owner shall be liable for the cost thereof. The notice shall also state that if the owner objects tp the health officer's declaration, the owner may request a hearing before the health offioer to determine whether a public vaisance exists. The notice shall further indicate that the request for the hearing must be received by the health officer prior to the expiration of the time set for abatement, and the hearing shall be held within thirty (30) days after the request is received by the health officer. County abatement is suspended by the filing of a request for hearing, pending the final ,decision of the health officer. (b) Costs. If the health officer has a nuisance abated, he shall prompt —sso notify the property owner, including at statement of costs and of the owner's rights to a hearing thereon. The notice mailing and the time periods for hearing request and hearing shall be those in Subsection (a). Upon fixing the casts (after: hearing or in the absence of request therefor), the health officer shell proceed according to lava to impose the costs on and collect then from the property owner and/'or the property. These procedures do not affect the county's right to collect these costs from any other person responsible therefor under laws. (ord. 81- 30; $420-6.028). ARTICIZ 420-6.5 INDIVIDUAL PERMITS.,., SUBDIVISION APPRWALS 420µ6.501 GMMPAL. Every person shall obtain a permit as proviaed ME this chapter to repair, relocate, install or construct an individual system unless connection to a sanitary sewer is required. Rhes health officer approval is required, a currently valid permit issued pursuant to this Article constitutes such approval. (ord. 81- 30). 420-6.503 PERMIT PROCEDURE. (a) An application for a permit shall be made to the health officer, and it shall expire after one hundred-twenty (124) days. (b) The health officer shall approve, conditionally approve, or deny the application, and issue or withhold the permit accord- ingly, on the basis of compliance with this chapter and the health officer's regulations. Permits expire one hundred-eighty (180) days after issuance if the approved work is not started and diligently pursued. ford. 81- 30s 420-6.016: lards. 1752 53, 1468 §lx prior codes $4647: 1440 §7). 420-6.505 LOT AREA, VARIANCES. (a) Inst Area. The total lot area, exclusive of underground and surface easements, shall be fifteens thousand( (1.5,000) square feet or more for a single-family dwelling or other structure requiring an individual system. When both an individual system and privates water supply are required, the total lot areas, exclusive: of underground and surface easements, shall be forty thousand (40,000) square feet or more. These lot. 'arearequizramts ares prospective only, and do not apply to the maintenance or repair of,an existing system. (h) Variances. The health officer may grant variances to the provisions o?'Ws section when the health officer finds the following conditions to be wets OIWINANCE NO. 81- 30 (4 of 7) maw 05 03 09:43p Clark of than Board S25 335 1913 p.5 (1) The lot in all ether respects will comply with the requirements of this division and the regulations issued by the health officer. (2) The variance would not create nor contribute to the creation of a public health nuisance. 420-6.507 INDIVIDUAL SYSTEM NEAR A RESERVOIR, VARIANCES. (a) Location. if the parcel or lot is located within a drainage area of a _oil c water supply reservoir, any structure requiring disposal of sewage shall be connected to a community sewer collection System. (b) Variances. If a comunity sewer collection system is not # dU r � , � t✓ available ERg­h;_aTEh officer may grant a variance subject to the following: (1) it the parcel or lot is between fifty and one thousand feet fthe reservoir or tributary stream a watertight seawa:ge ding tank system, or equal.will be required. Such system must be owned or operated by a presently existing public agency having statutory authority to provide such service. (2) Beyond one thousand feet from a reservoir or tributary stream an individual system or other similar acceptable .system may be permitted subject to all the conditions specified in 420-6.505. (c) traria»ee Tenn rs It is the intent of this chapter to ren a wester crtlal i v isf i+2se waters-_.stpr_qd in these re rvoiss and any variance granted must be considered as Fartn eri method of sewage disposal which shall not create situations that may become a menace to the public health_ (Ord. 68-16 53► 1568: Ord. 1752: prior code $4643. Ord. 1440). 420-6.569 ALTSMATSVE INDIVIDUAL SYSTEM. The health officer may approves, conart,ionsl,ly a►pprove, or deny.an application to use an alternative individual system. No alternative system will be ap- proved for installation in a septic tank moratorium area. a Vater Quality Control Board prohibition xore, or in any incorporated city, or sanitary or sanitation district without approval by that city. or district. The health officer :'shall not consider or approve of a pro- posal to use an alternative sewage disposal system for a subdivision, outside of an existing incorporated city, or sanitary or sanitation district, unless a governmental agency is formed, which agency shall have the authority and responsibility to install and maintain such !system. An alternatives system must meet all applicable provisions of this chapter and: (a) All local, state, .and federal laws and regulations; ,and (b) Certification and testing requirements of an appropriate governmental agency# and (c) Approval requirements nts of N.S.F. '(National Sanitation rounda- tion) or I.A.;.p.t.O. (International Association of plumbing and Mechanical Officials). OMNANCE NO. 81-30 ( of 7) had 05 03 03:44p Clerk of the Board S25 335 1923 p.6 420 .s11 SUBDIVISION MAPS. (a) tentative maps. Pursuant to Title 9, a copy of any submitted tentative subdivision map shall be forwarded to, and filed *citta the health officer for investigation of the sewage disposal system. The tentative resp shall show proposed provisions for sewage disposal, source sof approved water supply, number of lots, the sire of each lett, and contour limes at intervals of five (5) feet or less. (b) Health Officer ApEroval. The health officer shall review the filed tentast ve map for compliance with this chapter (anal any adapted regulations) and in a tidy manner report his conclusions thereon, together with any conditions recommended to insure such compliance, to the planning depart- ment and advisory agency. (c) Final MR. Final maps shall not be recorded unless the conditirn reo mnended by the health officer and established by the advisory agency on approval of the tentative map have been satisfied. (Ord. 81 30 : 5§420-6.006, 420-6,01.0, 420-6.012: Ord. 1752 Sl prior code. $54642, 4644, 4645: Ords. 1440 54, 640 S$II-1 ff). 420-6.513 APPEALS Except for determinations sande pursuant to Secti—on—M6.31.1, a person objecting to or disagreeing with any decision made pursuant to this chap sr, and/or the pertinent regulations therstox may appeal the decision to the health officer, or the health officer's designated subordinate(s). Any request for an appeal hearing shall be in writing and must be received by the health officer within ten (10) days after notice of the decision was ;Any request for an appeal hearing must be accompanied by e appropriate fee. A hearing on the appeal shall be held within fifteen (1.5) days after the request for appeal is received by the health officer. (Orsi. 81- 30 ). ARTI( 420-6.7 FESS 420-r6.701. GRNSPAL. The following non-refundable fees shall be pa' to health officer at the time of € ling for or requesting ars Investigation, test, inspection or permit required by this chapter. No fees are required when the .health officer receives from the ap- plicant at written statement by a district or city governing body in- dicating that sewers end a sewage treatment pliant are available and adequate to handle the additional volume of sewage from the proposed improvement. 420--6.703 SUBDIVISIONS. The fees for a subdivision proposing to use v duual. sewage disposal system are- (1) Subdivision -- Site evaluation g2-4 loots,, per Inst.................................$ 50.00 5 or more lots, saximum..........................$250.00 (2) Percolation tests, per lot or building site tested, as required.........................$100.00 (3) Appeal (except hearings called pursuant to Section 420-6.311)...............................$100.00 CI,Tt172 gwB No. $1- 30 (6 of 7) i Mai 05 03 03:45p Clark of the Board 925 335 1913 p.7 420-6.705 INDIVIDUAL SYSTEMS. The fees related to individual sewage sposal systems are: (1.) Site evaluation..................................$ 40.00 (2) Percolation test.... . ........ ...................$100.00 Each additional test..... . ....................$100.00 (3) Kermit (except minor rebuilding).................$ 60.00 (4) Review of existing individual system.............$ 40.00 (5) Investigate abandonment or sealing of septic tank. .......................... .........$ 25.00 (6) Rainspecticn...... ................................$ 25.00 i (7) Appeal (except hearings called pursuant to Section 420-6.31.1)................. .........$100.00 (8) Advice,' consultation, minor repair permit........NO FSB 420--6.707 PENALTIES. .Any person violating this chapter or regulations ued hereunder, by failing to submit plans, obtain necessary inspections and approvals, or pay fees, or by tenting or continuing Construction or remodeling in violation hereof, shall pay triple the appropriate fee as a penalty and remain subject to other applicable penalties and enforcement procedures authorized by the state law and/or this code. ((3rd. 70-45, 78-43 S2: 5420-6.022(d) : 4rds. 73-1.00, 146$: prior code $4651.: Ords. 1440 511, 640 SIV) . SECTION 11. EFFECTIVE DATE. This ordinance becomes effective thirty 30 days after passage, and within fifteen (15) days of passage shall be published once with the names of supervisors voting for and against it in the INDEPENDENT & GAZETTE a: newspaper publishia In tFils county. ,.. ._ PASSED on May 19, 1981 by the following vote: AYES s Supervisors - Fanden, Schroder, McPa ak, Tortakson, Powers.* NOES: Supervisors - None. ABSENT: Supervisors - OR .ATTEST-. J.R. oisson, County Clerk & ex officip Clerk of the Board By L ,t P r Dept. Chai, an of the Boaz Diana M. HenTpn ORDINANCE No. $1- 30 (7 of 7) Septic S tem ordinance__ Hl stc►ry October 2, 1933-Ordinance#217 ,,Contra Costa County Subdivision Ordinance" Specifying the form of maps of any subdivision. Requires method of sewage disposal to be addressed on maps. February 10, 1947—Ordinance#384 Amending Ordinance#217 Requires Planning Commission to transmit tentative subdivision maps to sanitary district, if subdivision is in a sanitary district. April 18, 1949 - Ordinance#487 Amending Ordinance#217 Requires Health Officer to have any necessary tests performed to insure all subdivisions outside sewer district will permit proper individual sewage disposal systems. September 24, 1951 - Ordinance#640 Requiring investigation by the Health Officer of all realty subdivisions and authorizes Health Officer to make regulations. Tentative subdivision maps must be approved by Health Officer Agricultural Lands (AL)2 Y2 acres and larger are exempt from requiring Health Officer approval for individual sewage disposal systems. Article III Section 4. Agricultural Lands(AL)purposes are defined in the Master Plan Zoning number 382. May 10, 1960 - Ordinance#1440 Amending Ordinance#640 Minor changes to Ordinance##640 September 10, 1963 - Ordinance#1752 Amending Sections 4642,4843,4647, and 4648 of the Ordinance code of C.C. County. Subdivision reaps shall show method of sewage disposal April16, 1968 - Ordinance#68-18 Amending Sections 4600, 4640, and 4843 of the Ordinance code of C.C. County. Ordinance governing sewage disposal near a dinking water reservoir. Intent of this ordinance is to provide maximum protection to the water quality of reservoir water. October 28, 1974 - Ordinance#74-87 Clarifying additions of various definitions concerning the Health Department May 19, 1981 - Ordinance#81-30 Further defines the Health Officer obligation for site evaluation of all subdivisions;to determine the feasibility of installing individual systems. Also provides for Alternative Individual Septic Systems. The Health Officer shall review all tentative subdivision maps for compliance with all adopted regulations. HEALTH DEPARTMENT Contra .Costa County t TO: Board of Supervisors ?.",. : '; DATE: July 1, 1969 Contra Costa County +� FROM: Glen W. Kent, M.D. SU$J`ECT: Moratorium on Septic Tank Acting- Health officer,. Installations (Proposed Canyon Community Services U District Area) ------------------ Effective this, date no 'further applications for individual sewage investigations within the boundaries of the proposed Canyon Community Services District 'area will be accepted- by the Health Department until further notice. ' The ,boundaries 'of thia area are delineated on a map .on file in the Martinez office• of the Health Department. The area in general is bourilded on the Forth by the boundaries of the Moraga Redwood Heights subdivision, on the West by the Sacramento • Northern Right of Way, on the East by the western boundary of property' owned by M,cKosker.' . As the. Acting .Healthofficer of Centra Costa County I can no longer willingly parti.ci.pate in the continuation of septic tank installations where: a threat to a drinking water supply storage reservoir is apparent. A .number. of individual septic tank instal- lations In the past have failed and .attempts to repair such` systems have provided only interim ,solut"i6ns. Further repairs and ex- tansions of these .systems ca.nnot.'.:iresult. in a permanent solution. GW'K:TMG-ss JUL 9jJ ` i Lj COUNTY NEALTN l7EPr. 'DJV. 6NV.. HLALFN • � ,• RtCHP.x-,.,n Ads n.rr.:.; •