Loading...
HomeMy WebLinkAboutMINUTES - 04101990 - 2.6 LSO: BOARD OF SUPERVISORS ?ROM: Harvey E. Bragdon;, Director of Community Development )ATE: 19 January 1990 ;UBJECT: Hearing For Tentative Map Approval for Subdivision #7118, located on 95 acres east 'of Morgan Territory Road at the easterly extens- ion of Whispering Pines Road, Morgan Territory Area. (S.D. V) . >PECIFIC REQUEST(S) OR RECOMMENDATIONS(S) i BACKGROUND AND JUSTIFICATION RECOMMENDATIONS i 1. Approve the tentative map and conditions of approval for Subdivision #7118, as recommended by Staff. 2. Accept the Environmental Review Documentation as being complete and adequate. BACKGROUND: 1. PROPOSAL: This 'application is a resubmittal of a previously approved tentative map of the same design and number of lots; to divide 95 acres into 46 lots in conformance with the exist- ing single family residential R-40 Zoning for the property and the, adopted General Plan; located east of Morgan Territory Road at the easterly extension of Whispering Pines Road, in the Mor- gan Territory area. 2. PLANNING COMMISSION ACTION: This proposal was considered by the County Planning Commission April 29, 1989, at which time a majority vote could not be reached and for this reason, the matter was referred to the Board. 3. SUBSEQUENT MEETINGS: Subsequent to the Planning Commission' s referral action; meetings were held to further review the pro- posal. Attendance at those meetings included the applicant/ owner, representatives for the Save Mt. Diablo organization and the adjacent property owners. This resulted in a general con- sensus and additional plans were submitted December 28, 1989, providing for an equestrian trail through the property as request- ed by the Save Mt. Diablo organization and also showing building .locations, existing and proposed tree planting, pavement treat- ment at the intersections and a gate facility for the project. CONTINUED ON ATTACHMENT: !XXXX YES SIGNA RECO*II4MMATION OF COUNTY ADMINISTRATOR RzoopoiERDAYffm OF RK3 C'om IITTEE APPROVE OTBER SIGNATURE(S) : ACTION OF BOARD ON April 10, 1990 APPROVED AS RECOMMENDED OftEIER X On March 27, .1990 the Board of Supervisors deferred to this date the decision on referral by the Contra Costa County Planning Commission on the request for Tentative Map approval for Subdivision 7118 by ASPARA, Inc. and Robert Pacini in the Morgan Territory area. Supervisor Torlakson commented on the revised conditions of approval before the Board today being very thorough in addressing the issues that have been brought to the Board' s attention. He recommended one condition be added under condition three to add G, relative to the issuance of permits for locating lots, grading, design and advised that it would be a statement that every effort will be made to avoid impacting the riparian habitat, water quality of the creek, and CC&R' s .will reinforce this direction to the Zoning Administrator. Supervisor Torlakson moved approval of the plan with the additional condition. Supervisor Fanden commented that she would not be voting for the plan, and she expressed concerns with the development in the Marsh Creek area. Supervisor Powers advised that he could not support the motion. Supervisor Torlakson commented on the issue of a possible moratorium in the area in terms of other General Plan Amendments or subdivisions until a zoning study is completed and requested that staff bring the appropriate documentation on that issue for the Board' s consideration on a future agenda. IT IS BY THE BOARD ORDERED that recommendation 1 with amended conditions, Exhibit A attached, and recommendation 2 are APPROVED; and the Community Development Department is REQUESTED to prepare the appropriate documentation for these decisions and in response to Supervisor Torlakson' s request on the issue of the possible moratorium. VOTE OF SUPERVISORS I HEREBY CBRTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: T T T, T17,V NOES: I, ii ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: 1rIINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept., ATTESTED April 10 , 1990 Attn: Byron Turner PHIL BATCHELOR, CLERK OF Robert Pacini (Owner) THE BOARD OF SUPERVISORS Save Mt. Diablo AND COUNTY ADMINISTRATOR Subdivision #7118, ASPARA, INC . Public Works-Tom Dudziak AssessorCL0LZ) East 'Diablo Fire Protection Dist. BY DEPUTY CONDITIONS OF APPROVAL FOR SUBDIVISION 7118, MOUNTAIN MEADOWS #2 1. This approval is based upon the Tentative Map submitted with the applica- tion dated received December 28, 1989. 2. A biological survey of the fauna and flora of the property shall be con- ducted together with a report prepared with recommendations for review and approval by the Zoning Administrator prior to the filing of grading permits or the filing of the final subdivision map. The survey and report shall be made by a person(s) from a list provided by the Community Development De- partment. A. The biological study shall be utilized to adjust and guide the siting of roads, septic fields, the location of proposed residences, acces- sory buildings and paddocks. Accordingly, revised plans may be re- quired for review and approval by the Zoning Administrator and a re- duction in the number of lots may also be required. B. Construction of any fencing shall be done in conjunction with direc- tion resulting from the biological study, and in consideration of any migratory patterns of any wildlife utilizing the region. 3. Prior to the issuance of any building permit and/or grading permit for work on any lot, the proposed grading, location and design of the proposed res- idential building, accessory building or paddocks to be located on that lot shall be first submitted for review and approval by the Zoning Administra- tor. Buildings and other structures shall be designed and built to fit hillside areas at the envelope areas as indicted on the tentative map, subject to the other conditions of this approval . Consideration shall be given to the following: A. Any deck, whether raised or on grade should complement and blend with the design of the structure. All support structures shall be screened and landscaped. B. The specific design of buildings of structures shall result in a footprint that preserves existing mature oak trees to the extent fea- sible. A combination of staggered exterior wall lines and two-story elements may be appropriate depending on the proposed building size, height and location. C. Roof shapes that relate to the character of surrounding terrain are to be utilized,. Roof colors shall not be reflective and shall blend with the area as viewed from a distance. D. Building height, setbacks and bulk shall encourage low profile, stepped-on-grade structures, particularly at prominent sites viewed from Morgan Territory Road or surrounding area. E. Garages that do not open facing the street shall be encouraged. 2 F. Paddocks shall be located to avoid potential contamination of Marsh Creek and the well systems or ground water of neighboring properties. G. The creek/reparian habitat shall be protected and left undesturbed by any construction in the vicinity. i 4. The Health Department, Building Inspection Department, and Zoning Adminis- trator shall share any technical reports or information they have with ex- isting residents; or members of the public who might wish to review the data prior to the issuing of any permits or approvals of septic fields, building sites and paddocks in order to assure compatibility with the existing neighborhood. Plans shall be provided by the developer to adjacent af- fected property owners for comment prior to review by the Zoning Adminis- trator and issuance of a building permit. 5. A Homeowners' association shall be formed for the maintenance of the pri- vate streets, drainage facilities, the keeping of horses, and other common concerns. Covenants, Conditions & Restrictions (CC &Rs) shall be submitted for review and approval by the Zoning Administrator prior to the filing of the Final Subdivision Map to be recorded concurrently with the Final Map, and shall include the following: A. A statement that the entire project shall be subject to the conditions contained w4thin the resolution(s) adopted by the Board of Supervisors with approval of the tentative subdivision map. B. A statement that the Association shall have the power and duty to maintain, repair, replace, restore, operate and manage all common ar- eas and facilitate improvements in substantial compliance with the approvals for the project. C. A statementin the Covenants, Conditions and Restrictions (CC & Rs) providing authority for Association to collect the costs from the owners of property within the project of any required maintenance and/or enforcement of the CC & Rs. D. A provision' that the Association notify adjacent property owners within or adjacent to the development of meetings, particularly when the Association is meeting to discuss approval of building site loca- tions or the architectural and design review of houses. E. A statement substantially in the following form: "The County of Contra Costa is hereby given supervisory jurisdiction as may be de- termined by the County, over the enforcement of the provisions of the declaration dealing with maintenance, cleanliness, and repair of any common areas and exterior appearance of the project. In the event of a breach of. any duty pertaining to such maintenance, cleanliness, re- pair or exterior appearance, the County of Contra Costa may give written notice of such breach to the Association, together with a de- mand upon the Association to remedy such breach. If the Association refuses to 'do so, or fails to take appropriate action within 30 days 3 of the receipt of such notice, the County of Contra Costa shall have standing and the right (but not the obligation) to bring an action in a court of proper jurisdiction to enforce the provisions of this declaration. Should the County prevail in any such litigation, the Association shall be liable for and pay to the County its costs (in- cluding attorneys' fees and all other involved County staff time) . Nothing contained herein shall limit any other right or remedy which the County may exercise by virtue of authority contained in ordinance or state law." 6. The final draft of the Covenants, Conditions and Restrictions (CC&Rs) shall be provided for review and comment by the adjacent property owners prior to the approval by the Zoning Administrator. 7. The applicant shall establish a replenishable fund of $20,000 which will be used to fund enforcement of the Covenants, Conditions and Restrictions (CC&Rs) by the homeowners association: said fund to thereafter be main- tained by dues payable to the homeowners association by its members. B. The Covenants, Conditions and Restrictions (CC&Rs) shall allow for the use and maintenance of an equestrian trail through the development, as provided for in Condition #10 below. The CC&Rs shall restrict the property owners to use the horse trail rather than Whispering Pines Road for access to trai' systems of the East Bay Regional Park District or Mt. Diablo State Park. 9. Prior to filing the final subdivision map, an equestrian trail easement shall be offered for dedication to the East Bay Regional Park District through the development from the vicinity of Lot 31 along the east and south boundaries to connect off-site to Morgan Territory Road through ad- jacent properties either from the northwest or southwest boundaries of the development. The developer shall submit to the Zoning Administrator proof of the off-site trail easement and a letter of intent by the East Bay Re- gional Park District to accept the trail system. In the event the trail system is not accepted by the Park District, it then becomes the respon- sibility of the homeowners association. The applicant shall use its best efforts to acquire the easement, and if not successful at the time for filing the final subdivision map, shall not be prevented from filing the Final Subdivision Map except as provided herein. Upon a showing of such good faith efforts at that time the Zoning Administrator would determine the best trail alignment and the County would proceed with acquiring the necessary trail easements if the issue has not been fully resolved by the applicant. All costs of acquisition and installation of the trail will be borne by the applicant and assured by the applicant prior to filing the Final Map by entering an agreement with the County complying with its Requested Condemnation Policy and providing security for all costs thereof in a form acceptable to County Counsel . A. The final alignment of the trail and its connection to Morgan Terri- tory Road and the Mt. Diablo trails system shall be worked out with input from the East Bay Regional Park District, the Mt. Diablo State Park, The Save Mount Diablo organization and existing residents in the vicinity, with final approval by the Zoning Administrator. LTJ.iT-fl:.Yu L 4 B. The developer shall construct the trail and trail connections to the requirements of the East Bay Regional Park District and shall bear all costs for their installation. 10. A thorough geologic investigation of the site shall be performed by a li- censed engineering geologist with the intent of accurately mapping the trace of the Clayton-Marsh Creek fault. Recommendations on the locations of homes relative to the fault trace shall be included within the geologic investigation and report. 11. At least 60 days prior to recording a Final Map, issuance of Building In- spection Department permits, or installation of improvements or utilities, submit a preliminary geology, soils, and foundation report meeting the re- quirements of Subdivision Ordinance Section 94-4.420 for review and ap- proval of the Planning Geologist. Improvement, grading, and building plans shall implement recommendations of the approved report. Final Map shall cite the approved report. Record a statement to run with deeds acknowl- edging the title, date, author of the report and calling attention to the conclusions and recommendations of the approved reports. 12. The residential siting on each lot shall be subject to review by the County Geologist and the Building Inspection Department, Grading Division, prior to issuance of a grading or building permit, to assess the sites for geo- logical stability. 13. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s) , earthwork within 30 yards 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 Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) , if deemed necessary. 14. A grading plan shall be submitted for approval by the Director of Community Development prior to preparation of the Final Map. This plan shall show all trees meeting the criteria for "heritage" tree per Ordinance Section 816-4.402(1) located within the roadway areas or their immediate vicinity. The species of the tree and its size and location shall be shown. Where feasible trees shall be shown. Where feasible trees shall be retained within a tree well or other appropriate protection device at fill situa- tions. 15. A lot line adjustment is approved for Parcel A as shown on the tentative map to be made part of Lot 4 of contiguous Subdivision 3888. The property transfer shall be accomplished by deed description or record of survey or may be indicated with the final map. The property being transferred shall be combined with the receiving parcel and assessed as one parcel for tax purposes. 16. Domestic water supply shall be provided by the Contra Costa County Water District in accordance with the district policies for providing such ser- vice. 5 17. Septic tanks and leach fields shall be installed for each lot subject to the approval of the County Health Department with issuance of building permits. Additional information may be required by the Zoning Administra- tor and the Health Services Department, to verify that the installation of septic tanks and leach fields for this development will not adversely ef- fect adjacent or downstream properties, particularly as it may relate to existing wells. The final test and review by the Health Department for septic fields and wells shall be conducted with consideration to strictly avoid any possible contamination of Marsh Creek and any possible contami- nation of existing ground water supplying wells in the adjoining neighbor- hood. 18. Prior to filing a Final Subdivision Map, street names shall be subject to the review and approval of the Community Development Department. All res- idences shall provide for an address visible from the street, which may require illumination. 19. This project may be developed in a phased program as shown on the tentative map. Any modification of the phasing program shall be submitted for ap- proval by the Zoning Administrator. 20. The emergency access road shown in the vicinity of Lots 40 and 41 shall be aligned to the existing northerly terminus of Leon Drive and constructed to the satisfaction of the East Diablo Fire Protection District, subject to the final review and approval by the Zoning Administrator. 21. If consideration is given to providing existing Whispering Pines Road as a private road instead of a public road by a majority agreement of the prop- erty owners having access and by approval by the County, the applicant shall then be required to relocate the security gate to the entrance of the road near where it intersects Morgan Territory Road. The gate design, de- veloped with input from the existing residents, shall be approved by the Zoning Administrator. 22. If the existing property owners on Whispering Pines Road consent to estab- lishing the road as a private road, the developer shall be responsible for installing the appropriate signing on the fully privatized Whispering Pine Road. Such signing should include "Children at Play" and speed caution signs. Installation of any speed bumps shall be after consultation and agreement with the existing property owners. 23. Applicant shall pay for any signing or road improvements at the intersec- tion area of Whispering Pines Road and Morgan Territory Road, Public Works would request considering traffic impacts of the project and the increased traffic in the region. 24. The applicant shall work with the Sheriff's Department to provide access for all construction equipment and construction workers entering the project site through the Marsh Creek Detention Facility off Marsh Creek Road rather than through the existing Whispering Pines Road. 6 25. 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. 1) Constructing paved turnarounds at the ends of the proposed pri- vate roads as shown on the Tentative Map and Improvement Plan received April 8, 1988. 2) Undergrounding of all utility distribution facilities. 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. 4) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 5) Submitting improvement plans prepared by 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. 6) Relinquishing "development rights" over that portion of the site that is within the structure setback area of Marsh Creek. The structure setback area shall be determined by using the criteria outlined in Chapter 914-10, "Easements", of the Subdivision Or- dinance. 7) Verify the capacity of Marsh Creek to convey the 100-year storm flow. 8) Ensure that the Whispering Pines Road crossing of Marsh Creek is capable of passing the 100-year storm flow without raising the water surface above the existing conditions. B. Construct the on-site road system to County road standards and con- figured as shown on the Improvement Plan. C. Improve, as necessary, the intersection of Whispering Pines Road and Morgan Territory Road to the standards shown on Caltrans Design Manual 405.7. 7 26. With the filing of the Final Subdivision Map, the applicant shall contrib- ute to the funding necessary to complete the Morgan Territory Study called for in the 1981 General Plan Amendment for the area, in the amount of $10,000. ADVISORY NOTES A. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate dis- trict of the Corps of Engineers to determine if a permit is required and if it can be obtained. B. The applicant 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. Currently the fee for the Marsh Creek region of the County is $1,994 for each added single family residence. C. A portion of the project lies within the 100-year flood boundary as desig- nated on the Federal Emergency Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. D. Comply with the requirements of the East Diablo Fire Protection District. See attached. BT/GA/df subV/sub7118c.bt 2/22/89 4/05/89 2/06/90 - Revised BT (v) 3/5/90 df 3/26/90 as 4/3/90 df 4/20/90 as fi-