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Home My WebLink AboutMINUTES - 03071989 - T.4 T. 4 lzoz BOARD OF SUPERVISORS C,Ot1tCa Costa FROK: Harvey E. Bragdon, colty Director of Community Development u� �� DATE: 16 February 1989 SUBJECT: APPEAL - Minor Subdivision #44-88, Gilbert Smith (Applicant & Owner) , by Paul M. Weidoff from the Board of Appeal's denial of Mr. Weidoff 's appeal of the Zoning Administrator's approval on October 17, 1988. (S.D.III ) Parcel #179-2312003. .SPECIFIC REQUEST(S) OR RECONMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Deny the appeal of Mr. Paul M. Weidoff, which upholds the - Zoning Administrator and Board of Appeals approval of MS 44-88. 2. Adopt the County Board of Appeals findings as set forth in Resolution No. 6-1989 as the basis for your Board's decision. 3. Accept the Environmental Documentation perpared for this project as being complete and adequate. CONTINUED ON ATTACHMENT: YES SIGNATUR*/.J RECM4NDATION OF COUNTY ADMINISTRATOR RECOMMENVATIgN OFE APPROVE OTHER "7 "7 ;.ISIGNATURE(S) : ACTION OF BOARD ON March 7, 1989 I�. APPROVED AS •RECOP91ENDED PYX OTHER X_ This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of Paul M. Weidoff representing some eighteen residents of upper La Vista road from the decision of the Contra Costa County Planning Commission as the Board of Appeals on the appeal of the Zoning Administrator's decision approving the request by Gilbert Smith (applicant and owner) (MS 44-88) for approval of a minor subdivision to divide approximately 1.2 acres of land into two lots with lot width variances for both lots. A minor lot area variance (6%) is also requested for Parcel A in order to provide fire prevention and abatement access to neighboring properties. This request site is located at #633 No. La Vista Road in the Walnut Creek area. Mary Fleming, Community Development Department, presented the staff report on the requested minor subdivision, described the project site, the requested variances, the approval by the Zoning Administrator, the County Planning Commission approval, and the staff recommendation that the appeal by Paul Weidoff be denied and that the decisions of the Zoning Administrator and the Board of Appeals be upheld, that the Board of Supervisors adopt the County Board of Appeal' s findings and accept the environmental documentation as being complete and adequate. The public hearing was opened and the following persons appeared to speak: 1. c Karl Wandry responded that the original map reflected the access easement and that was the map the Board was approving. He also suggested that if the Board desired to further establish that that they could add a condition that fire access shall be provided to the properties. Supervisor Schroder requested the addition of such a condition and questioned the drainage condition #3 . Karl Wandry clarified the requirements of the subdivision relative to drainage and collect and convey. on recommendation of Supervisor Schroder, recommendations 1 denying the appeal of Paul M. Weidoff and approving MS 44-88 with amended conditions (Exhibit A attached) , 2, and 3 are APPROVED. ,`NOTE OF SUPERVISORS I HEREBY CffitTIFY THAT THIS IS A X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ON THE ABSENT: ABSTAIN: PIINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. C=: Community Development Dept. ATTESTED March 7, 1989 County Counsel PHIL BATCHELOR, CLERK OF County Administrator THE BOARD OF SUPERVISORS Paul Weidoff AND COUNTY ADMINISTRATOR Gilbert Smith o Public Works-Tom Dudziak BY DEPUTY C. 3. r CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 44-88 1. This request for minor subdivision is approved for two lots, as generally shown .in the Tentative Map dated received by the Community Development De- partment on April 28, 1988, subject to the conditions below. 2. The requested lot width variances for Parcel A (21'X) and Parcel B (47%) are approved. They meet the requirements of Section 26-2.2006 of the County Ordinance Code. 3. The request for lot area variance for Parcel A (6%) is approved. It meets the requirements of Section 26-2.2006 of the County Ordinance Code. 4. Prior to filing a Parcel Map for this subdivision, a revised Tentative Map shall be prepared which identifies the proposed building envelope and set- backs, the fire prevention/abatement easement, and the pedestrian access easement as shown on the partial map dated received by the Community De- velopment Department on July 25, 1988. 5. Comply with the Parklands Dedication Ordinance. Payment of fees will be required for Parcel B. 6. 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 for California Archaeology (SCA) and/or the Society of Professional Ar- chaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed nec- essary. 7. Prior to issuance of building permits, the applicant/developer shall submit landscape screening plans for the rear of the residence on Parcel B. Landscaping shall be designed to maintain the privacy of the residence on Parcel 8 from the East Bay Regional Park District trail on the hill over- looking this site, and to visually screen the residence from the trail . The landscape plans shall conform with the County's Water Conservation Policy. B. Prior to issuance of building or grading permits for Parcel B, the appli- cant/developer shall submit building plans to the Zoning Administrator for review and approval . The residence on Parcel B shall either be designed as a single story residence, or as a multi-level , stepped residence which conforms to the natural terrain as much as possible to minimize the offsite visual impact of the residence. 9. Comply with drainage, road improvement, traffic and utility requirements 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 71(,nr.n r r,OT 2 Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. B. The following exceptions to Title 9 are permitted for this subdivi- sion: ' 1. Chapter 96-10, "Underground Utilities", for the existing house on Parcel A. 2. Section 96-14.002, "Improvement of County Streets", provided a deferred improvement agreement is executed requiring the owner(s) of the property involved in Subdivision MS 44-88 to: a. Construct curb, 4-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and necessary pavement widening on La Vista Road The face of curb shall be located 10 feet from the right of way line. b. At the time the deferred improvement agreement is called up, submit improvement plans, if required, to the Public Works Department, Engineering Services Division, for review; pay the inspection fee, plan review fee and applicable lighting fees. C. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for Countywide Area of Benefit as adopted by the Board of Supervisors. D. 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 per- manent, road and drainage improvements. E. Comply with the drainage fee requirements for County Service Area D-2 as adopted by the Board of Supervisors. F. Apply, to the Public Works Department, for Termination of the Offer of Dedication for the roadway easement connecting La Vista Road with La Casa Via. The following requirements are not conditions of approval . However, you should be aware of them prior to requesting building permits on the parcels of this minor subdivision: Central Contra Costa Sanitary District 1. Comply with the requirements of the Central Contra Costa Sanitary District. (See attached letter dated July 14, 1988. ) n r 3 Building Inspection Department 1. A grading permit will be required for the earthwork necessary to develop all parcels in the above minor subdivision. 2. Submit 4 copies of plans showing the existing contours, the extent of the proposed grading, drainage improvements and general site development. 3. Plans accompanying the application for building permits shall show the ex- isting contours, the extent of the proposed grading, and drainage improve- ments, and be reviewed by the Grading Section prior to issuance. 4. Prior to issuance of building and/or grading permits in this minor subdi- vision, a preliminary solid investigation report. prepared by a licensed soil engineer will be required. It shall report on the ability of the site to support the improvements anticipated, and shall include recommended foundation designs to achieve maximum stability for the proposed structure. S. Typical cross-sections of the proposed access road improvements shall be shown on the above plans. 6. Building foundations shall be designed to counteract swelling and uplift characteristics of the expansive soil at this site. Contra Costa County Consolidated Fire District 1. Comply with the requirements of the Contra Costa County Consolidated Fire District. (See attached letter dated May 19, 1988. JH/GA/df MS16:ms44-88c.jh