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Home My WebLink AboutMINUTES - 06271989 - 2.6 7. - - - - 2. 6 Contra 1tra 70:_ •' BOARD OF SUPERVISORS Costa FROM: Harvey E. Bragdon, Director, COJ* Community Development Department DATE: 7 April 1989 SUBJECT: A P P E A L - Subdivision #7168, J.E. Schuricht & Associates (Applicant), Bob Hammill (Owner) - Walnut Creek area. (S.D. III) (Parcel #140-200-003,004,005) SPECIFIC REQUESTS(S) OR RECOMMENDATIONS & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Accept the environmental documentation as being complete and adequate. 2. Deny the appeal and sustain. the approval decision of the County Planning Commission for a maximum of five (5) lots. 3. Adopt the findings of the County Planning Commission as set forth in its Resolution #11-1989, as the determination for this action. BACKGROUND/JUSTIFICATION: This project is proposed on a parcel partially contained within a designated natural preserve. Only the area at the base of the hillside is eligible for development (Single Family Residential - very low -density (0-1 units per net acre) . This project was proposing six (6) lots on this portion of the site as small as 32,000 sq.ft. , in area. The City of Walnut Creek feels that all of the parcels should be no smaller than 10,000 sq. ft. in net area. Appljc,�t'o would require the elimination of at least two lots. ' Staff also felt that the proposed density was excessive. However, staff does not feel that the project should be subject to minimum 40,000 sq. ft., standards. Instead, the project should be treated comparably with other nearby project approvals. In this regard, staff recommends, and the Planning Commission voted unanimously to approve this project for 5 lots only (deletion of one lot) . Following the Commission's action, the applicant filed an appeal to try to recover the deleted lot. No new information has been submitted on this matter which was not available to the Commission. Consequently, staff is recommending that the Commission's decision be sustained and that the appeal be DENIED. CONTINUED ON ATTACHMENT: YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO ARD TEE APPROVE OTHER CTION OF BOARD ON June 27 , 1989 APPROVE AS RECOMMENDED OTHER X On June 20, 1989, the Board of Supervisors deferred to this date the decision on the appeal of J.E. Schuricht and Associates (appellant/applicant) and Bob Hammill (appellant/owner) from the decision of the Contra Costa County Planning Commission on the application by J.E. Schuricht and Associates and Bob Hammill requesting approval to subdivide 6.1 acres of land into six parcels with variances to the minimum parcel dimensions (proposed parcels ranging from 0.75 to 1. 3 acres in size) (Subdivision 7168) in the Walnut Creek area. Supervisor Schroder commented on his concerns including the right of way, the scenic easement, and expressed satisfaction that there are no variances required. 1. • ��}•{_-tS.v? ,x'- k.. Win# f`-�.- *d2 :R Supervisor Schroder moved to grant the appeal and allow six lots. Therefore, IT IS BY THE BOARD ORDERED that recommendation 1 is APPROVED; and the appeal of J.E. Schuricht and Associates and Bob Hammill from the decision of the Contra Costa County Planning Commission relative to Subdivision 7168 is GRANTED; and Subdivision 7168 is APPROVED for six lots with conditions (Exhibit A Attached) . VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A AYES: NOES: TURF AND CORRECT COPY OF AN ACT- ABSENT'- ABSTAIN: ION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVIS- ORS ON THE DATE SHOWN. cc: Community Development Department, ATTESTED June 27, 1989PHIL BATCHELOR, CLERK OF SchuAttu: Robert Drake THE BOARD OF SUPERVISORS Public Works-Tom Dudziak icht/Hammill AND OUNTY anMINISTRATOR Assessor County Counsel BY DEPUTY Consolidated Fire Protection Dist. City of Walnut Creek CONDITIONS OF APPROVAL FOR SUBDIVISION 7168: 1. This application is approved. as generally shown on the revised tentative map dated received December 15, 1989 for a maximum of 6 lots. Variances to minimum lot area and minimum average lot width requirements are approved as requested. 2. This approval is contingent on final adoption of either R-40 or R-65 zoning of this parcel by the Board of Supervisors. 3. The applicant shall dedicate the development rights for the area shown as scenic easement on the tentative map. The dedication shall prohibit the construction of any structure including residences, stables, swimming pools, garages, patios or other like structure. No substantial grading shall, be permitted without prior written approval of the Zoning Adminis- trator. Slopes should essentially be left in their natural state. 4. Proposed grading shall be subject to the prior review and approval of the Zoning Administrator. Grading for building sites and driveway shall be kept to a minimum. 5. Comply with the following requirement of the Planning Geologist: Record a statement to run with deeds to property of this subdivision acknowledging and identifying the reconnaissance geotechnical report of DCM/loyal Engineering dated 10/24/88, and presenting a summary of report recommendations of pages 15 through 20. Note that the report is available for public inspection in the Community Development Department of Contra Costa County. 6. A minimum 35 foot setback shall be observed for the principal structure (residence) of affected lots. 7. Record a statement to run with deeds to property of this subdivision that prohibits equestrian (or other livestock) setups. 8. 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 Ordinance (Title 9) . Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance Code includes the following requirements: 1. Constructing a paved turnaround at the end of the proposed private road to Lots 3, 5 and 6. WRIT Q J. 2. Undergrounding of all utility distribution facilities. An ex- ception to this requirement is recommended for the existing structures. 3. Street lights are not required. 4. Conveying all storm waters entering or originating within the subject property to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility. 5. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 6. Submitting improvement plans prepared by a registered civil en- gineer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. B. Construct a 16-foot paved private roadway to County private road standards, within a 25 easement, for that portion of the access road which will serve Lots 1 and 4 in this proposed subdivision. C. Improve the access road to Lots 3, 5 and 6 to a 20 foot paved width, constructed to County private road standards. D. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Ygnacio Valley Boulevard. E. 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. F. Convey to the County, by Offer of Dedication, additional right of way on La Casa Via as required for the planned future width of 60 feet. G. Widen La Casa Via, along the frontage, to a 14 foot half-width (with curb) constructed to County public road standards. H. Construct an 8-foot wide paved pathway between the curb and right of way line along the frontage of La Casa Via. I. Mitigate the cumulative impacts on the downstream facilities that will result from this development by: 1. Constructing improvements the the downstream drainage system equivalent in cost to the drainage fee established by the City of Walnut Creek for the Specific Plan No. 6 Area OR, VU'�uJly: l v 2. Contribute an amount equal to this fee to the City of Walnut Creek for the required future improvements to this . drainage sys- tem. ADVISORY STATEMENTS 1. This development will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors. 2. Comply with the requirements of the Consolidated Fire District. RHD:vpl subIll/sub7168.coa