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HomeMy WebLinkAboutMINUTES - 03121991 - H.2 H. 2 Cwtra qb: J OARD OF SUPERVISORS `✓W■a ;rgRpjy Harvey E. Bragdon, V�Ju� �lY Director of Community Development > ri.. DATE: 8 February 1991 SUBJECT: APPEAL - MS 95-90 - Robert Santos (Applicant) - Nichols Trust (Owner) , Appealing the decision of the Board of Appeals relative to the Conditions of Approval. Martinez area. (S.D.II) SPECIFIC REQUEST(S) OR RECONKENDATIONS(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Deny the appeal filed by Mr. & Mrs.Robert Santos with respect to condition of Approval #2 of the conditions of approval re- garding the Agricultural Conservation Easement dedication to the County. 2. Alternatively, Grant the appeal filed by Mr. & 'Mrs. Santos with respect to Agricultural Easement dedication. CONTINUED ON AZTACHHENT: YES SIGNATURE• RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIM OF1 COMMITTE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON March 12, 1991 APPROVED AS RECOMMENDED X OTHER X This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Mr. and Mrs. Robert Santos (appellants) from the decision of the Contra Costa ,County Planning Commission on the request by Mr. and Mrs. Robert Santos (applicants) and Nichols Trust (owner) requesting approval to divide 102 acres into three lots (MS 95-90) in the Martinez area. Karl Wandry, Community Development Department, presented the staff report on the appeal before the Board today, ,commenting that the subdivision itself was not being appealed but rather condition 2 relative to an agricultural conservation easement was being appealed. He commented on two possible modifications presented for Board consideration on the wording of condition 2, and he commented on the purpose of the agricultural conservation easement. He advised that the agricultural conservation easement- is not a prohibition to further subdivision under the General Plan categories and the appropriate zoning categories. He advised of the problem in applying the condition with three different planning commissions, and he requested direction to staff to either continue to include such a condition or if not, staff would accept that as well. Supervisor Torlakson indicated a need for a clarification of policy and a definition of what kinds of uses would be allowed and prohibited within such a conservation easement. Supervisor Fanden requested clarification on what was being. done by the East County Regional Planning Commission. Mr. Wandry responded that the- East County Regional Planning Commission has routinely removed this requirement as stated from subdivisions that have been appealed to them. 1. ; Supervisor Torlakson advised that the Commission had seen no clear Board policy on this issue and was uneasy doing this without ' clear Board direction, and he suggested referring the matter to the Internal Operations Committee to clarify the policy: Victor Westman, County Counsel, advised that if property were restricted to this extent, as a policy it ought to be reflected expressly in the General Plan. Supervisor Powers suggested placing this issue` on a future agenda for discussion. The public hearing was opened and the following person appeared to speak: Ned Robinson, Box 1757,! Lafayette, representing Mr. and Mrs. Santos, indicated agreement with the conditions of approval with the exception of condition 2. He commented on the possibility of clouding the title for future conveyance if this condition is imposed, that this is not included in the General 'Plan, that the property is outside the urban limit line, and that the property is steep and not prime ' agricultural land, but that 'for future development a scenic easement might be appropriate. He requested that condition number 2 not be imposed on this minor subdivision. Supervisor Powers requested clarification of the applicants position on the proposed modification 2 . f Mr. Robinson indicatedhe had not seen the proposed modification and that he would not want anything recorded against the property, but that he and his clients have no problem with having.ifuture building sites reviewed. After a short time to review the proposed modifications, Mr. Robinson advised that he would like to see modification l removed and that he had no problem with �the review of future building sites. Supervisor Fanden advised that she supported modification 2 and moved to close the public hearing and support the staff recommendation of modification 2. Supervisor Powers seconded the motion clarifying that it would be to grant the appeal eliminating the condition 2 for " the conservation easement and to replace it with modification 2, the ;,ranchette policy and building site review. Supervisor Fanden suggested that the Planning Commission be advised of the Board discussion today on the agricultural conservation easement condition. a Mr. Wandry requested Board direction to indicate that this is the policy to be established to be used in the . interim until some other policy is developed for division in agricultural lands. The Chair concurred. Supervisor Torlakson requested clarification from staff that the direction on an interim basis is related to the agricultural conservation easement not to open space easements. Mr. Wandry responded that this is just the agricultural conservation easement. IT IS BY THE BOARD ORDERED that recommendation, 2 as amended is APPROVED; and Minor Subdivision MS 95-90 is APPROVED with amended conditions (Exhibit A attached) . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X_ UNANIMOUS (ABSENT III ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: W MUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Cornunity Development Dept. , ACTED March 12, 1991 Attn: Rose Mary Pietras PHIL BATCHELOR, CLERK OF Mr. and :yrs. Santos THE BOARD OF SUPERVISORS Public Works=Steve Wright AdJ COUNT ADMINISTRATOR 'Assessor Consolidated Fire Protection. Dist. BY , DEPUTY County Counsel CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 95-90 1. The request to subdivide the 102:t parcel is approved for 3 parcels subject to the Tentative Map dated received by the Community Development Department on June 26, 1990. 2. In order to preserve agricultural lands, County ranchette policy shall apply to this project requiring that the building sites be reviewed and approved by the Zoning Administrator prior to building permit. This shall be noted as a deed restriction on each parcel/lot. 3. Prior to the issuance of building or grading permits, the applicant shall submit plans including tentative building envelopes all within 1 to 2 acre envelopes, a grading plan, and an erosion control plan for the review and approval of the Zoning Administrator. Future modification of the building envelope must be reviewed and approved by the Zoning Administrator. The maximum grade for the proposed private road shall be identified and shall not exceed 20 percent. 4. At least 30 days prior to the issuance of building permits, development plans for each building site shall be reviewed and approved by the Zoning Administrator. Homes and other large structures shall be designed and placed to minimize the visual impact on adjoining properties. 5. 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 Archaeologists (SOPA) has ' had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s),.if deemed necessary. 6. Prior to filing the parcel map, comply with the policy criteria for subdivision of lands within agricultural and open space General Plan categories adopted by the Board of Supervisors March 15, 1983, including the following: A. Each parcel must have an "on-site" producing water well or install a "test well" having a minimum yield of three gallons per minute with the State standards for a pure, wholesome and potable water supply (Title 11, Section 6443). If the chemical analysis exceeds the State standards for "maximum contaminant levels," for water potability, settlement must be attached and run with the property deed advising of these levels. B. Have verifiable water availability data from adjacent parcels presented by the applicant or knowledge of the same, known by the health Services Department concerning water quality and quantity per A. above. .C. Have a statement that "attached and runs with the deed" indicating that a water well shall be installed on the subject parcel complying with the general requirements stated above prior to obtaining a Building Inspection Department permit for construction. 9j, Q 2. D. In addition to the above, a hydro-geological evaluation may be required.in known or suspected water short areas. This will include seasonable as well as yearly variations. E. The land must be suitable for septic tank use according to County Ordinance code criteria and Health Service Department regulations. 'Percolation tests must be passed on all proposed lots prior to filing of the parcel map. 7. Prior to issuance of Building Permits, comply with the following residential guidelines, requirements, subject to review and approval of the Zoning Administrator. A. If building sites shall be located on knolls and ridges flat pad home design shall be prohibited (i.e.,. extensive grading to crate large flat pads shall not be allowed). B. Excavate below grade and provide berming on the downhill side to reduce effective bulk. C. Exterior residential colors shall be limited to medium tone, earth-tine colors. D. Private drives shall incorporate the use of retaining walls and crib walls to reduce the amount of trading necessary and the size of cut slopes. E. Use of landscaping to soften the effect of development upon the neighbors and Alhambra Valley Road (designated scenic rural-recreational route and scenic thoroughfare). F. Drought-resistant trees and bushes plus natural vegetation shall be used in. conformance with County Water Conservation Guidelines. 8. Prior to filing a Parcel Map, the applicant shall submit a copy of a,statement to be conveyed to prospective buyers of the parcels informing them of the design review requirements un the Condition of Approval #7 above. The contents of the statement shall be subject to the review and approval 'of the Zoning Administrator. This statement must be attached and "run with the property deed." 9. Prior to approval of the Parcel Map, the individual building envelopes shall be subject to design review by the Zoning Administrator. Applicant shall indicate on the tentative subdivision map the following information for each parcel: proposed driveways, building site, well site, leach field site, provision for water storage for fire fighting. Homesites shall be designed with a minimum grading. Where significant grading is needed an acceptable erosion control plan shall be provided with the application: Homesiting shall be reviewed for energy conservation features(building site orientation and feasibility for solar facilities will be considered). Revised tentative subdivision map shall be subject to the review and approval of the Zoning Administrator prior to filing the Parcel Map. . n 3. 10. The following statement shall be recorded at the County Recorder's Office for.each parcel to notify future owners of the parcels that they own property in an agricultural area: "This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust; crop dusting and spraying occurring regularly; burning associated with agricultural activities;noise associated with farm equipment and aerial crop dusting and certain animals and flies may exist on surrounding properties. This statement is, again, notification that this is part of the agricultural way of life in West Contra Costa County and you should be fully aware of this at the time of purchase." 11. At least 45 days prior to recording a parcel map, submit a preliminary geology and soil report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the Zoning Administrator. Improvement, grading, and building plans shall carry out the recommendations of the approved report. 12. Prior to issuance of building permits, submit an as-graded report of the engineering geologist with a map showing final plan and grades for landslides repaired, and the soil improvement installed during grading, all as surveyed by a licensed land surveyor or civil engineer. 13. Record a statement to run with deeds to the property acknowledging the approved report by title,author (firm),and date,calling attention to approved recommendations, and noting that the report is available from the seller. 14. The following requirements pertaining to drainage, road, and utility improvement will require the review and approval of the Public Works Department: 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 includes the following requirements: 1) Constructing road improvements along the frontage-of Parcels B and C on Ferndale Road. This requirement will be satisfied.by executing a deferred improvement agreement requiring the owners of the property involved in MS 95-9.0 to: a) Widen the existing pavement to a 18 foot half width along the frontage of Parcels B and C ,of MS 95-90 to County collector road standards, subject to the review and approval of the Public Works Department. Currently Ferndale Road is shown on the ;. 4. County's Major Road Plan as an arterial roadway with a section of 64/84. In the current Countywide Draft General Plan, Ferndale Road has been excluded. 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. 2) .Street,lighting is = required. 3) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. As these parcels are large and agricultural in nature, additional run-off resulting from this subdivision will be negligible. Therefore, an exception from this requirement is granted provided the applicant maintains the existing drainage pattern and does not dispose concentrated,storm water run-off adjacent property. 4) Relinquishing "development rights" over that portion of the site that is within the structure setback area of the tributary of Arroyo Del Hambre Creek. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks;" Of the*Subdivision Ordinance. Due to the large size of the proposed parcels, the applicant shall be permitted to approximate the setback area, based on the tentative map, subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. 5) Submitting a Parcel Map prepared by a registered civil engineer or licensed land surveyor. B. Dedicate the right of way by Offer of Dedication for ultimate widening along the frontage of both Alhambra Valley Road and Ferndale Road. The alignment along Alhambra Valley Road will assume an arterial roadway with minimum radius horizontal curves equal to 650 feet and an 84 foot right of way. Assume a collector road standard for Ferndale Road with a 60 foot right of way and a 250 foot minirr:um curve radii. The dedications shall provide slope easements based on 2:1 side slopes or other criteria such as a 2:1 side slope in combination with a retaining wall(s) of reasonable length and height approved by the Zoning Administrator, using arterial standards for Alhambra Valley Road and collector standards for Ferndale Road. A preliminary map, showing EMIS Q 5. alignments and slope easements and cross sections must be submitted to the Public Works Department for review and approval prior to finalizing the parcel map. C. Observe a 100-foot structure setback from Alhambra Valley Road, OR, the applicant shall submit an acoustical prepared by a qualified professional which analyzes noise impacts based on ultimate road widening and. ultimate development in the area and recommend mitigation measures. The applicant shall be required to implement the mitigation measurers subject to the review of the Public Works Department, Road Engineering Division, and subject to the review and approval.of the Zoning Administrator. D. Contribute $6,254 per additional residential unit to a Road Improvement Fee Trust(Fund No. 819200-0800)designated for road improvements to the Reliez Valley Road/Alhambra Valley Road corridor. ADVISORY NOTES A. The applicant shall comply with the Parklands Dedication Fee Ordinance. B. Comply with the requirements of the Contra Costa County Consolidated Fire Protection District. C. Comply with the requirements of the Building Inspection Department. D. 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 the development that may affect any fish and wildlife resources, per the Fish & Game Code. E. This project may also be subject to the requirements of the United States Army of Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required. F. 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. RP/aa MSXII/95-90C.RP 10/15/90 10/29/90 - Z.A.Rev.(v) 11/21/90 1/8/91 (PC-aa) 3/12/91 (BOS-aa)