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HomeMy WebLinkAboutMINUTES - 06271989 - 2.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 2.7 Adopted this Order on June 27, 1989 by the following vote: . AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Decision On Appeal Of Bryan and Murphy Associates, Inc. On Subdivision 7109, In The Danville Area. - On June 20, 1989, the Board of Supervisors deferred to this date decision on the appeal of Bryan and Murphy Associates, Inc. from the decision of the San Ramon Valley Regional Planning Commission approving Subdivision 7109 for five lots only in the Danville area. Supervisor Schroder advised the Board that he had visited the site and commented on the number of lots recommended by the Planning Commission and the Alamo Improvement Association and he also commented that there is a condition on lot six that no variances would be allowed on that lot. Supervisor Schroder moved to grant the appeal allowing for the six lots with conditions. IT IS BY THE BOARD ORDERED that the appeal of Bryan and Murphy Associates, Inc. is GRANTED; and Subdivision 7109 is APPROVED with conditions (Exhibit A attached) . 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Sups ore on the date shown. ATTESTED: PHIL BA CHELOR,Clerk of the Board of upervi or nd County Administrator Orig. Dept. : Clerk of the Board cc: Community Development Public Works-Tom Dudziak By .Devuty Assessor Bryan and Murphy Associates California Redwood Homes The Smith Company EXHIBIT "A" CONDITIONS OF APPROVAL FOR SUBDIVISION 7109 Per June 20 1989 Board of Supervisors Action 1. This application is approved for a maximum of six lots as generally shown on the revised Tentative map dated received February 24, 1989 subject to the following conditions. 2. This approval is contingent on adoption by the Board of Supervisors of re- zoning File #2793-RZ either as requested or as modified by the staff recom- mendation. 3. The location of the zoning setback. boundaries for the principal residence shall be identified in the deed descriptions for each lot subject to prior review and approval of the Zoning Administrator. This notation is intended for information purposes only and would not prohibit application for vari- ance setback standards. 4. Prior to filing of a final map, submit a final grading/tree preservation pian for the review and approval of the Zoning Administrator. The plan shall identify trees in excess of 6" in diameter at the trunk in the vicin- ity of development activity and whether they are to be preserved or re- moved. The plan shall include a program to preserve trees during and fol- lowing the grading/construction program. 5. At least two weeks prior to filing a final map, the applicant shall submit three alternative road names for the proposed road for the review and ap- proval of the Community Development Department, Graphics Section. 6. Prior to filing of a final map, a fencing program shall be submitted for the review and approval of the Zoning Administrator. The program shall address fence design and location along the project perimeter and within the area of the flood control setback. A white, open rail fence shall be constructed along the full frontage of the subdivision on Green Valley Road .as part of the subdivision improve- ments. 7. Comply with the following trail access requirements for the Green Valley Trail connection: a. A trail easement shall be dedicated to the East Bay Regional Park District or the County along the general alignment shown on the map accompanying the March 7, 1989 letter from the East Bay Regional Park 2 District. The final alignment shall be subject to Zoning Administra- tor review and approval . The Zoning Administrator shall consider safe access to the bridge for trail users. b. Following final approval of this project, a letter from the Chairman of the San Ramon Valley Regional Planning Commission shall be issued to the East Bay Regional Park District. The letter shall include a copy of the approved permit for this project and encourage the Dis- trict to either construct the trail bridge in the alignment proposed by the District in its 3/7/89 letter, or to have the District reim- burse the applicant for costs incurred for his construction of the bridge within 24 months of tentative map approval . c. Prior to filing of a final map, a trail bridge shall be constructed or assured in accord with the alignment described in the March 7, 1989 letter from the East Bay Regional Park District. The bridge shall be designed and constructed in accord with the current East Bay Regional Park District trail improvement standards, subject to final review and approval of the Zoning Administrator. Failure to satisfy this requirement shall require the filing of a new tentative map application. The applicant may receive credit against the park dedication fee re- quirement for any contribution toward the improvements of the trail bridge in accord with Section 920-8.002 of the Ordinance Code. d. If the bridge is to be constructed by the applicant, then at least sixty (60) days prior to filing a final map, detailed bridge con- struction plans shall be submitted to the Community Development and Public Works Departments. Trail improvements (bridge, trail design, etc. ) shall be designed to minimize creekbank erosion and damage to any significant vegetation. A survey of existing vegetation shall be completed prior to construc- tion activity. Removal of trees with trunks in excess of 8 inches in diameter shall be avoided as much as possible. However, should tree removal prove unavoidable, then any removed trees shall be replaced on a one-for-one basis. Any new trees shall be a native species and be at least 15 gallons in size. e. The applicant may request that the County process a vacation of the existing easement area for the two. east-west trails outside of the trail alignment described in 7.a. above. Based on conveyance of the easement described above, vacation of these easements conforms with the County Recreation Element and General Plan. f. Within two months of the final approval of the tentative map, the ap- plicant shall convey to the County or the East Bay Regional Park Dis- trict a temporary trail access along the alignment identified as "in- terim trail " on the map accompanying the February 24, 1989 letter from 3 the Park District. The term of the access along this alignment shall be at least twenty-four (24) months from the effective date of this approval . Public access shall be kept open for the term of the interim trail . The conveyance instrument shall be acceptable to the Zoning Administrator if the easement is to be conveyed to the County. The existing creekbed platform shall be reconstructed to East Bay Re- gional Park District standards within two months of the final approval of the tentative map. 8. Noise generating construction activities shall be limited to the hours of 7:30 a.m. to 6:00 p.m. , Monday through Friday, and shall be prohibited on State and Federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. 9. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condi- tion and to locate stationary noise-generating equipment such as air com- pressors and concrete pumpers as far away from existing residences as pos- sible. 10. At least one week prior to commencement of grading, or other construction activity, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site that construction work will commence. The notice shall include a list of con- tact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for noise and litter control shall be expressly identified in the notice. A copy of the notice shall be transmitted to the Community Development De- partment. The notice shall be accompanied by a list of the names and• ad- dresses of the property owners noticed, and a map identifying the proper- ties whose owners were noticed. 11. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator 'following review by the Building In- spection Department. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. 12. Pedestrian access within the existing equestrian easement along Green Val- ley Road shall be dedicated to the County. 13. Development on the proposed parcels shall be restricted to a maximum of 2 stories. Each lot shall provide for a 3-car garage. . 14. A copy of road and fence maintenance agreement shall be submitted to the Community Development Department. The fence maintenance agreement shall 4 address the obligation of property owners to maintain the white rail fence along Green Valley Road. 15. Comply with the following road, drainage and utility requirements: 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 road improvements along the frontage of Green Valley Road. The frontage improvements required of Minor Subdivision 93-86 satisfy this requirement. Street lighting will not be re- quired. 2. Constructing a paved turnaround at the end of the proposed pri- vate road. Constructing the turnaround as shown on the Tentative Map will satisfy this requirement. 3. 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. Conveying the stormwaters to Green Valley Creek and protecting the creek banks from concentrated discharges will satisfy this requirement. 4. Verifying that all finished floor elevations are above the 100- year flood elevation. 5.a. Convey to the County of Contra Costa, by Grant Deed, the future "development rights" over the creek traversing the property. The area for which the "development rights" are to be deeded shall be determined by using the criteria outlined in Chapter 914-10, of the Subdivision Ordinance. b. An exception is granted to allow a new horse stable on Lot 6 subject to the following conditions: 1) the stable shall be located in the vicinity of the existing shed at least 15 feet setback from trail easement. 2) the existing shed shall be removed.. 3) the allowed stable shall not exceed 300 feet in floor area. 4) the property owner shall execute a hold-harmless agreement with the County for any damage to the stable caused by pos- sible creekbank failure. 5 6. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. , 7. Submitting improvement plans prepared by a registered civil engi- neer, 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. Except for the proposed private road access and maintenance access for Lot 6, the applicant shall relinquish abutter's rights onto Green Valley Road. C. Construct the private drive as a 24-foot paved private roadway to County private road standards, within a 25-foot easement. On-street parking shall be restricted on the east side of the road. D. Mitigate the impact of the additional storm water run-off from this development on the San Ramon Creek watershed by removing 1 cubic yard of channel excavation material from inadequate portions of Green Val- ley Creek and/or San Ramon Creek near Chaney Road for each 50 square feet of additional impervious surface area created 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 stak- ing will be by the Flood Control District. The added impervious sur- face area created by the development will be based on the Flood Con- trol District's standard impervious surface area ordinance. INFORMATIONAL NOTES: A. The development will be subject to the requirement for the East Bay Munic- ipal Utility District. B. The development will be subject to the requirements of the Central Sanitary District. C. The development will be subject to the requirements of the San Ramon Valley Fire Protection District. D. The development will be subject to the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors. Currently the fee, in the Alamo Re- gion, is $2,201 per Single Family Residential unit. The County may con- sider a reduction of this fee for this development based upon a traffic analysis comparing the traffic generated by the current horse operation and the traffic that will be generated by the residential subdivision. E. The development will be subject to the County Flood Plain Management Ordi- nance (Ordinance No. 87-65) . 6 F. Upon written request, the developer may make a cash payment in lieu of the actual excavation and removal of materials from the creek as required by the Conditions of Approval . The cash payment will be calculated at the rate of $0.10 per square foot of added impervious surface area. BD/df subl2:sub7109c.bd 3/8/89 3/24/89 Revised 4/5/89 6/20/89 BofS