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Home My WebLink AboutMINUTES - 03111986 - T.5 f T.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 11, 1986 , by the following vote: AYES: Supervisors Fanden, McPeak, Torlakson and Powers NOES: None ABSENT: Supervisor Schroder ABSTAIN: None -------------------------------------------------------------------- -------------------------------------------------------------------- 1 SUBJECT: Appeal of the Contra Costa County Flood Control and Water Conservation District from approval of Development Plan 3047 , Mikesell Enterprises and Frank E. & Barbara A. Mikesell, Owners This being the time for hearing on the appeal of the Contra Costa County Flood Control and Water Conservation District from the Board of Appeals approval of application for Development Plan 3047-85 by Mikesell Enterprises and Frank & Barbara Mikesell for 12 residential units on .47 acres of land, located on Lots 24, 259 26 & 27 in Shore Acres Unit # 1, fronting on the north side of Skipper Road, approximately 131 feet east of Anchor Drive in the West Pittsburg area. Harvey Bragdon, Assistant Director of Community Development, described the project and advised that a Negative Declaration of Environmental Significance was posted for the propo- sal in compliance with the requirements of the California Environmental Quality Act. Mr. Bragdon further advised that the Zoning Administrator had approved the application for 12 residential units, with conditions deleting certain staff recommended improvements or fees for off-site drainage facilities because an ordinance had not been adopted for this requirement in the area of this proposal, and that the Flood Control District had apealed the deletion of the off-site drainage requirements to the Board of Appeals and that the Board of Appeals . _had denied the appeal and is requesting that the Board of Supervisors establish a policy for the Planning Commission to follow in the matter of off-site drainage requirements. The Chair declared the hearing open and the following per- sons appeared to give testimony: John Kerekes, Flood Control Planning Engineer, explained the condition that the Flood Control District had requested relating to the collect and convey requirement in lieu of a drainage fee ordinance requirement. In response to inquiries from the Board, County Counsel advised that the Board could impose a drainage fee on a Development Plan. Frank Mikesell, owner, commented that he was not aware of a drainage fee requirement at the time he filed his application, stating that the imposition of a fee in the absence of an ordinance requiring same is unjust, and requested the Board to deny the appeal . No one else having requested to speak, the Chair declared the hearing closed. Board members discussed with staff the various aspects of the collect and convey requirements and the need to provide adequate drainage in developing areas that is equitable and fair. As recommended by Supervisor Torlakson, IT IS BY THE BOARD ORDERED that the APPEAL of the Contra Costa County Flood Control and Water Conservation District is GRANTED, and the application is APPROVED with conditions as set forth in Exhibit A attached hereto and by reference made a part hereof. I hereby cbrttfy that teats is a trim and correct copy of an action talmn and jra.erad Ott tho Mlnutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR,Clark of the Board of Supervisors and County Administrator i By Deputy cc: Applicant Community Development Public Works (Flood Control) County Counsel CONDITIONS FOR APPROVAL FOR DEVELOPMENT PLAN 43047-85: (Revised) I. The permit is approved per plans submitted with the application dated received September 16, 1985, subject to the conditions listed below. 2. Variances are approved to have parking and carport structures within the sideyard areas and to have decks within the setback and rearyard areas. 3. A 25 percent density bonus beyond that designated by the General Plan for a maximum of 12 residential units shall be permitted for this development subject to a committment to have a minimum of not less than 25 percent of the residential units for persons of low and moderate income and/or persons 55 years of age or over.. The committment shall be in the form of an agreement by the developer to be submitted for review and approval by the Zoning Administrator prior to issuance of a building permit. In the event this committment is not established, the number of residential units shall be reduced accordingly as it relates to the General Plan as determined by the Zoning Administrator. 4. Revised plans in accordance with Condition 443 above shall be submitted for review and approval by the Zoning Administrator prior to the filing for a building permit. This shall include grading, site development and building design.. 5. Prior to issuance of a building permit, elevations and architectural design of buildings and structures, including carport, trash enclosures, etc., shall be subject to final review and approval by the County Zoning Administrator. The roofs and exterior walls shall be free of such objects as air conditioning equipment, television aerials, etc., or screened from view. All units shall have house numbers or unit identification visible at all times which may require illuminiation. 6. Prior to the issuance of building permits, landscape and irrigation plans, shall be submitted for review and approval by the County Zoning Administrator. A cost estimate or copy of contract for landscaping improvements shall be submitted with the plan. Landscaping and irrigation shall be installed prior to occupancy. 7. A geotechnical report providing for foundation design and site grading shall be submitted to the Community Development Department (County Geologist) and Building Inspection Department prior to issuance of a building or grading permit. 8. If archaeologic materials are uncovered during grading, trenching or other on-site excavation, earthwork within 30 meters of these materials shall be stopped until a professional archaeologist who is certified by the Society of California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had a opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessary. 9. Comply with drainage, road improvement, traffic and utility requirements as follows: A. Remove and replace damaged curb and sidewalk along the frontage of this property. Le i [D) Page 2 B. In accordance with Section 82-2.014 of the County Ordinance Code, this development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance, unless exceptions are specifically granted. C. An exception is. permitted from Section 914-2.006, "Surface Water Flowing from Subdivision", to allow the developer to convey storm water arriving at and originating on his property to the existing storm drain inlet on Skipper Road near Port Chicago Highway in lieu of conveying it to a downstream natural water course or to an adequate storm drainage facility. D. Contribute $0.28 per square foot of net increase in impervious surface area to a County Drainage Deficiency Trust Fund, OR, at the applicant's option, Construct downstream drainage improvements of equivalent value. The selected downstream drainage improvement project shall be subject to the review of the Contra Costa County Flood Control and Water Conservation District. E. Construct the on-site driveway system to current County private road standards with a minimum width of 16 feet and a paved turnaround near the terminus of each of the driveways. F. Install all new utility distribution services underground. G. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for West Pittsburg as adopted by the Board of Supervisors. H. Prevent storm drainage, originating on the property and conveyed in a concen- trated manner, from draining across the sidewalk and driveways. I. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improve- ments. mprove- ments. J. Submit improvement plans prepared by a registered civil engineer to the Public Works Department, Engineering Services Division, for review; pay the inspection and plan review fees. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. The improvement plans shall be submitted to the Public Works Department, Engineering Services Division, prior to the issuance of any building permit. The review of improve- ment plans and payment of all fees shall be completed prior to the clearance of any building for final inspection by the Public Works Department. If final inspection is requested prior to construction of improvements, the applicant shall execute a road improvement agreement with Contra Costa County and post bonds required by the agreement to guarantee completion of the work. 10. Comply with the requirements of the Riverview Fire District including payment of the fire mitigation fee. BT:vpl9csub 2/7/86 3/35/86