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HomeMy WebLinkAboutMINUTES - 05051987 - T.9 T. 9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 5 , 1987, by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak NOES: Supervisor Torlakson ABSENT: None ABSTAIN: None SUBJECT: Appeal of Mr. and Mrs. Richard L. Mayer from the approval of Subdivision 6797, Alamo area. This being the time fixed for hearing on the appeal of Mr. and Mrs. Richard L. Mayer from the approval, with conditions, by the San Ramon Valley Planning Commission of the tentative map of Subdivision 6797 to divide 9+ acres into 8 lots in a single family residential district (R-40) in the Alamo area, Dennis and Kathleen Ball, owners. Harvey Bragdon, Director of Community Development, described the project and advised that there are no variances requested, that the proposal is consistent with the General Plan and conforms to the R-40 zoning. He commented that one of the concerns of the appellants is drainage and that Bud Murphy from the Contra Costa County Flood Control and Water Conservation District would address those issues. Bud Murphy advised that historically there has been a lot of flooding in the area and the collect and convey requirement of the County Ordinance Code has been strictly applied. He stated that there had been several proposed developments that have not been able to proceed because of the collect and convey requirements, noting however that no waiver of these requirements has been requested by the applicant and none are required. The Chair declared the public hearing open and the following persons appeared to address their concerns on this project: Carol Ryan, 122 Ersilia Trail, Alamo, expressed concern that part of her property would be taken for widening the bridge, as well as concern for traffic, need for road improvement and flooding. John E. Gass, 100 Stephanie Lane, Alamo, commented that he lives upstream from this proposed development and water is flooding his property now and he is concerned about the future as more development goes in. He expressed concern also for the other people who in the past had tried to subdivide and found the cost of collect and convey to be prohibitive. He urged that the project not be approved at this time pending alleviation of the flooding and drainage problems in the area. Jim Stoner, 233 Livorna Heights Road, Alamo, stated that he was the owner of one of the minor subdivisions that was delayed because of the cost of adhering to the collect and convey provision. He suggested that it would be unfair to allow this project to proceed, but instead requested that the property owners be required to work together to improve drainage in the Jennifer Lane area for the benefit of all. Richard Olsen, 130 Bunce Meadow Drive, Alamo, advised that he was currently experiencing bank erosion and flooding problems. He suggested that the flooding problems be alleviated so that the neighbors downstream are not impacted by increase in water runoff. Diane Mayer, 220 Ersilia Trail, Alamo, appellant, expressed her concerns with flooding, road access, fire safety and the condition of access roads and the narrow reverse curve bridge that provides the only access to the proposed development. She stated the opinion that this developer is not being asked to meet the same requirements as other property owners in the area wishing to subdivide. She suggested that this developer should be required to improve the swail and Miranda Creek .and to pay for improvements to the road accessing this proposed subdivision. Brad Taylor, 221 Ersilia Trail, Alamo, expressed concern with the road access and the condition of the road and the lack of the conditions of approval to require widening and improvement of the 14-foot roadway the entire length of the street. Jeff Thayer, P. O. Box 91; Diablo, of Thayer and Colt, developers, responded to the concerns about the roads and advised that the developer has already agreed to extra widening over the curve plus a fabric overlay and 1-1/2 inch of new asphalt for the entire section of the road which will be 20 foot wide. Mr. Thayer addressed the drainage problems and explained how there would be. significant improvement. Mr. Thayer advised that the developer has volunteered to Flood Control to contribute 20 cents per impervious square foot of drainage area for improvements to be used specifically in the neighborhhood at Flood Control' s discretion. He commented that the developer knew that he would be liable for a certain amount of physical improvements. Jill Spencer, 208 Ersilia Trail, Alamo advised that she was granted a minor subdivision, but that on an individual basis, the collect and convey cost is prohibitive and wants to share the cost with other developers. She stated that she favored the subdivision. Lou Plummber, 123 Ersilia Trail, Alamo, stated he was in favor of the subdivision. He commented on the various objections presented to the Board in testimony today. C. Edwards, 140 Ersilia Trail, /Alamo, stated he was in favor of the project because he felt it would help the neighborhood in general. He suggested the developer be required to bring the road and the "S" curve up to code. He expressed concern that it meet the requirements of the fire department. Diane Mayer appeared in rebuttal and stressed her concern with flooding, the adequacy of the road, and the conveyance of water from the Martin property consisting of 7 units. Brad Taylor appeared in rebuttal and stressed his concern with the condition of the road and the inadequacy of its sub-base, suggesting more than cosmetic repairs should be required. He questioned the plans for mitigating the flood control problems. The Chair declared the hearing closed. Supervisor Torlakson inquired if one of the conditions of approval was to require annexation to a police district. Harvey Bragdon replied that it was not contiguous to any police district and it was not a condition of approval, but that the applicant said they would be willing to join any district when it covers the area. Supervisor Schroder commented on several points brought up in testimony, including the adequacy of the road and fire access, the large sums of money estimated to meet the collect and convey drainage requirements for some of the other developers in the area, and the provisions for maintenance of the ditch. Harvey Bragdon responded to Supervisor Schroder' s concerns commenting that the road is a private road system and that the conditions require it meet county private road standards. Bud Murphy responded that there are two sources of flooding problems in the area, one being Miranda Creek. The other, a smaller watershed to the North which drains through the Strathmore/ Anderson Ditch into Miranda Creek. All the minor subdivisions and subdivisions that have been applied for in this area have had the collect and convey requirements imposed. He explained that this project is close enough to Miranda Creek where it is feasible to collect and convey to Miranda Creek. He commented that the 20 cents per impervious square foot agreed to by the developer is a mitigation sum which will be used in and will benefit the entire area. Supervisor Powers indicated that he thought it important that the developer had indicated that he would join an improvement district for road improvement if the homeowners were to form such a district, and requested that be made a condition of approval. The Applicant indicated agreement. Supervisor Schroder stated that based on the testimony of staff and the information given to the Board, it appears that this application is consistent with the general plan, is approved by the Planning Commission, approved by the Alamo Improvement Association, and staff has advised that is is in compliance with all county regulations, and he would therefore suggest denying the appeal and upholding the San Ramon Valley Planning Commission' s approval of the application, with amended conditions, adding Supervisor Powers' recommendation for requiring the developer to join a road improvement district when formed. Supervisor Torlakson moved to include a condition requiring participation in a police district. The motion died for lack of a second. IT IS BY THE BOARD ORDERED THAT the appeal of Mr. and Mrs. Richard L. Mayer is DENIED, and the decision of the San Ramon Valley Planning Commission is upheld, subject to the conditions as approved by the Planning Commission and amended by the Board of Supervisors, attached hereto as Exhibit A. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the 84erd of Supervisors on the date shown. A TESTED: _ .� 4,9'?7 PHIL BATCHEL R, C:em k of the Board of Supervisors and County Administrator oy , Deputy cc: Commuity Development Public Works - Flood Control Appellant Applicant Bryan & Murphy Jeff Thayer CONDITIONS OF APPROVAL FOR SUBDIVISION 6797 1. This -approval is based upon this tentative map submitted with this application, dated received by the Community Development Department June 11, 1986. 2. Submit a preliminary geotechnical report with specific recommended procedures for preparation of subgrade, placement of fill , and types and earth design criteria for road and structure foundations overlying the site of the small lake. 3. Grading plans shall be subject to review and approval by the Zoning Administrator prior to issuance of grading permits. 4. If archaeologic materials are uncovered during grading, trenching or other on-site excavation, earthwork within 30 meters of these materials shall be stopped until an archaeologist certified by the Society for California Archaeology (SCA) and/or the Society of Profes- sional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest ,appropriate mitigation measures, if they are deemed necessary. 5. Submit a proposed street name to the Community Development Department, Graphics Section, for approval prior to filing of final map at which time house numbers shall be assigned. 6. Each residential unit shall have lighted house numbers visible at all time. 7. Comply with drainage, road improvements, traffic and utility require- ments as follows: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9) . Any exceptions therefrom must be specifically listed in this conditional approval statement. B. The following exception to Title 9 is permitted for this subdivi- sion: 1) Chapter 96-10, "Underground Utilities", for the existing structures. C. Widen Ersilia Trail to a 20-foot pavement width to County private road standards from the northerly limit of proposed Subdivision 6706 to the proposed private road which would serve Lots 3 through 8. D. Furnish proof to the Public Works Department, Engineering Servic- es Division, that legal access to the property is available from Miranda Avenue. 2. E. Furnish proof to the Public Works Department, Engineering Servic- es Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site tempo- rary or permanent, road and drainage improvements. F. Mitigate the impact of the additional storm water run-off from this development on San Ramon Creek by either of the following methods: 1) Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area cre- ated by the development. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District, 4R, at the option of the developer, 2) Contribute to the County Drainage Deficiency Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. G. Contribute a drainage fee of $0.10 per square foot of impervious surface area to the County Drainage Deficiency Fee Trust (Fund No. 812100-0800) designated for, improvements to Miranda Creek. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious sur- face area ordinance. H. Initiate a road maintenance agreement which would require the residents of Ersilia Trail , including the residents of this Subdivision, to share in the cast of maintaining Ersilia. The adequacy and equitableness of the agreement shall be subject to review and approval by the Zoning Administrator and the Public Works Department. The following statement is not a condition of approval . However, you should be aware of it prior to requesting building permits on this subdivi- sion. A. Comply with the requirements of the San Ramon Valley Fire Protection District. 8/29/86 9/11/86 12/10/86gms r7/14/87 gms Sub3:6797c.bt