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HomeMy WebLinkAboutMINUTES - 03261991 - 1.52 , t . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA In the Matter of the Appeal ) of John and Nancy Don Konics ) from Health Services Depart- ) FINDINGS AND DECISION ment Action of Issuing Septic ) UPHOLDING HEALTH Tank Permits For Assessor' s ) OFFICER'S DECISION Parcel No. 367-180-003, ) Howard E. Campbell, Owner. ) The Contra Costa County Board of Supervisors finds and decides as follows : John and Nancy Don Konics filed an appeal of the decision of the County Health Officer, William B. Walker, M.D. , denying their appeal of a decision of the Department of Health Services granting a septic tank permit for Assessor' s Parcel No. 367-180- 003 . Documents appealing the grant of the septic tank permit were filed with the Clerk of the Board on October 18 and 19, 1990 . The grounds for the appeal were that the issuance of the septic tank permit was in violation of alleged ordinance code setback requirements in that the setback between the septic tank and the edge of Arroyo Del Hombre Creek is only thirty feet and not one hundred feet allegedly required by Contra Costa County Ordinance Code section 420-1 . 608 . Additionally, the appellants alleged that the decision was based on a previous permit which failed to meet the standards for renewals pursuant to Contra Costa County Ordinance Code. section 420-1 . 605 . This appeal has been before the Board several times, including December 4 , 1990, December 11 , 1990, January 15, 1991, February 5 , 1991 , February 12, 1991 , February 26, 1991 and this date. The Board has considered the numerous written and oral arguments and evidence submitted by the appellants, John and Nancy Don Konics, the property owner Dr. Howard Campbell, William B. Walker, M.D. , the County Health Officer, and other interested persons . Based upon the entire record and evidence before the Board of Supervisors, this Board finds and decides as follows . The appeal of John and Nancy Don Konics is denied and the decision of the County Health Officer granting the septic tank permit for the subject property is upheld. The Board finds persuasive, the testimony of the Health Officer, including testimony that a septic tank permit has been issued for the property numerous times, and that in each case the previous proposed site plan was reviewed and the property was determined to be adequate for a septic tank; that in issuing the current permit, the Health Officer required Health Department staff with the most experience in issuing septic tank permits to do the actual work in reviewing the application; that as a result of 'the review, additional requirements were imposed on the proposed septic tank system including requirements of a 2,000 gallon watertight concrete tank, three feet of rock to be placed under the leach lines, specifications on piping, and the requirement of a barrier four feet deep running from the house to the property line enclosing the drain field; that many of the older systems in the area are being improved with the same kind of requirements; that there has never been a septic system failure along the creek, nor creek contamination to Dr. Walker' s knowledge and that the proposed septic system as conditioned by the Health Department will not result in contamination of the creek or pose any other public health problem. The Don Konics have presented testimony that septic systems have failed, but have presented no evidence that a septic system r. H' in the manner approved by the Health Officer has ever or is likely to fail. The Don Konics argue that the appeal should be granted because the setback from the edge of Arroyo Del Hombre Creek is only thirty feet and not the one hundred feet required by the Contra Costa Code No. 420-1 . 608 . This Board agrees that the Health Officer regulations (not the Ordinance Code) at section 420-1 . 608 requires a hundred feet creek bank setback. However, the Health Officer may modify the requirements of his regulations if the investigations show that the conditions warrant the modifications. The Board finds that the modification allowing the thirty foot setback and any other modification from the requirements of the Health Officer's Regulations, was properly allowed in that the Health Officer is satisfied that the proposed system, as conditioned by the additional requirements imposed by the Health Officer, should not result in a nuisance situation. The Don Konics also argue that the Health Department improperly applied old standards in granting the permit. This Board finds that the Health Officer's decision in upholding the granting of the septic tank permit was not based on the improper application of old standards, but was based upon tests and evidence that support findings that the granting of the septic .system subject to the required modifications was valid and based on proper health considerations . Much conflicting testimony has been given as to the potential widening of Alhambra Valley. Road. This Board finds persuasive, Dr. Walker's testimony that the issue of widening Alhambra Valley Road to the north is not a concern at this time. Even if the County had planned to widen Alhambra Valley Road to the north, such plans for road widening does not affect the .Campbell's entitlement to a septic tank permit. This Board has heard testimony concerning the appropriateness of the subject lot for building. However, the issue before this Board concerns the propriety of issuance of the septic tank permit only. . Based upon the entire record, including the lack of any evidence that the proposed system may fail, and this Board's respect for the Health Officer's professional opinion and judgment, this Board finds that the septic tank permit was properly issued pursuant to the requirements of the Ordinance Code and the Health Officer's regulations and that the modifications from the Health Officer's regulations allowed by the Health Officer were proper. Based (in part) on the foregoing, the appeal .of John and Nancy Don Konics was and is hereby denied and the Health Officer' s issuance of the septic tank permit for the property owned by Dr. Howard Campbell was upheld on February 26, 1991 by a majority of the Board of Supervisors . Passed on March 26 , 1991 ;by the following vote: AYES: Supervisors Schroder, McPeak and Powers NOES: Supervisors Fanden and Torlakson ABSENT: None ABSTAIN: None LTF/ h I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the J-5:a:\1tf\reso1\donkoaic.f Board of Supervsors on the date shown. cc: County Counsel ATTESTED-111/71 -4Lrd aBoard Health Services Department PHIL BA CHELOR,Ge Community Development upervi andCounty Administrator John_and Nancy Don Konics L 1 By ,Deputy '!barren Deboer___ Arlene Segal -2- Francis A. Watson Jr. Building Inspection