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HomeMy WebLinkAboutMINUTES - 04021991 - H.4 Contra TO:~ '' BOARD OF SUPERVISORS ��ja H.4 FROM: Harvey E. Bragdon � "l "I Director of Community Development " DATE: November 1, 1990 SUBJECT: Appeal of San Ramon Valley Regional Planning Commission decision to deny Minor Subdivision 56-89 (David B. Hop, William & Carolyn Richardson) in the Alamo area (APN 192-120-009) . SPECIFIC REQUEST(S) OR RECOMNENDATION(S) i BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Deny the appeal and sustain the Planning Commission denial of MS 56-89 in accord with the Option A actions listed below. Board Options Option A - Sustain Planning Commission Denial Decision 1. Deny the appeal of the owners William and Carolyn Richardson. 2. Deny MS 56-89 3. Approve the findings contained in the resolution of the San Ramon Valley Regional Planning Commission as the basis for the Board actions. Option B - Reverse the Planning Commission Decision 1. Accept the environmental documentation prepared for . this project as being adequate. 2. Grant the appeal of the owners. 3 . Approve MS 56-89 for two parcels subject to the conditions which were attached to the project in the approval by the Zoning Administrator. BACKGROUND/JUSTIFICATION FOR PROPOSED ACTION The background for this project is reviewed in the August 8, 1990 staff report to the San Ramon Valley Regional Planning Commission. The Commission reviewed an appeal of the Zoning Administrator's approval of the application filed by neighboring residents Richard and Jennifer Wlasenko. The Wlasenkos own the private road, Abington Court, which the applicant is seeking to use for the proposed building site. The Wlasenkos have objected to allowing the applicant access rights to the road. Other possible routes to the proposed building site would require the granting of a variance to minimum parcel dimension requirements. On September 5, .1990, after taking testimony, the Planning Commission voted to grant the Wlasenkos appeal, and deny the subdivision. On September 12, 1990, the owners of the property, William and Carolyn Richardson appealed the Commission's decision to the Board. The Richardsons' appeal contains no information that was not available to the Commission. CONTINUED ON ATTACHMENT: YES SIGNATURE• '00 *J RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT OF BbAnih COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON April 2, 1991 APPROVED AS RECOMMENDED X OTHER 1. On February 26 , 1991, the Board of Supervisors continued to this date the hearing on the appeal of Carolyn and William R. Richardson from the decision of the San Ramon Valley Regional Planning Commission acting as the Board of Appeals on the application for approval of a minor subdivision (MS 56-89) by David B. Hop (applicant) and William and Carolyn Richardson (owners) to subdivide one acre into two parcels in the Alamo area. Karl Wandry, Community Development Department, advised the Board of a resolution of the problem which was the basis for the denial of the project by the San Ramon Valley Regional Planning Commission, and he recommended that the Board uphold the appeal and put into place the conditions set by the Zoning Administrator and effectively give credence to the minor subdivision. Supervisor Schroder moved approval of the staff recommendation and expressed his pleasure that the parties had resolved this matter. IT IS BY THE BOARD ORDERED that the public hearing on the above matter is CLOSED; and Option B of the recommended Board options is APPROVED. (Conditions, Exhibit A attached) VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ASSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED April 2, 1991 David B. Hop v PHIL BATCHELOR, CLERK OF William W& Ca17?1)mnDuRc zla dson THE BOARD OF SUPERVISORS Assessor An COUNT DMINISTRATOR San:'.Ramon Valley Fire Protection Dist. a BY , DEPUTY RHD:plp 2. EKHIBIT "A" CONDI IONS OF APPROVAL FOR MINOR SUBDIVISION 56-89 1. A parcel map shall be prepared and recorded for the Minor Subdivision in accordance with the Subdivision Map Act and Title 9 (Subdivision) of the County Ordinance Code. 2. At least 45 days prior to recording a Parcel Map, issuance of Building Inspection Department permits, or installation of improvements, the applicant shall submit a preliminary soil and foundation report, meeting the requirements of Subdivision Ordinance Section 94-4.420. Improvement, grading, and building plans shall carryout the recommendations of the approved report. Concurrently with recordation of the Parcel Map, record a statement to run with deeds to the property acknowledging the report by title, author (firm), and date, calling attention to recommendations, and noting that the report is on file for public review in the Community Development Department of Contra Costa County. 3. A landscape plan shall be submitted for Zoning Administrator review and approval which incorporates rapidly growing evergreen bushes along the entire southern property line of Parcel "B". 4. The proposed home on Parcel "B" shall be setback not less than 35 ft. 5. 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 includes the following requirements: 1) The appiicant shall underground all utility distribution facilities with an exception to this requirement is granted for the existing house on Parcel A. 2) The applicant shall convey all storm waters entering or originating on 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. 3) The applicant shall design and construct storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. 4) The applicant shall submit improvement plans prepared by a registered civil engineer, review and inspection fees, and pey security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. 2. B. The applicant shall furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Stone Valley Road by way of Austin Lane and Abington Lane. C. The applicant shall 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 permanent,road and drainage improvements. D. The applicant shall mitigate the impact of the additional storm water run-off from this development on San Ramon Creek by: 1 Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new 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 staking will be by the Flood control District. 6. The applicant shall contact the California Archaeological Inventory at Sonoma State University (707) 664-2494, in regard to these finding that the proposed project area has the possibility of containing cultural resources and that they recommend a study. ADVISORY NOTES A. The applicant shall comply with Environmental Health Division requirements by each parcel having water supplied by EBMUD and sewered by Central Sanitary. B. The San Ramon Valley Fire Protection District recommends the following: 1. Although not required by ordinance, the San Ramon Valley Fire Protection District strongly recommends the installation of an automatic fire sprinkler system. 2. Roof covering must be Class C or better. It is highly recommended that non- combustible fire retardant roofing be installed. 3. Approved number or addresses shall be placed on all new and exiting buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Individual suite numbers shall be permanently posted on the main entrance doors of tenant spaces. 3. 4. Nothing in this review is intended to authorize or approve of any aspects of the design or installation which do not strictly comply with all applicable codes and standards; i.e., additional comments may be added during subsequent drawing review for field inspection. Please call if there are any questions. C. The East Bay Municipal Utility District Board of Directors has adopted the following rule concerning new connections during the current water shortage emergency condition: 1. An application for new service connection shall be granted only if Subsection (1) or (2) is satisfied: a. An applicant agrees in writing that the use of water for outside irrigation will be limited to drought tolerant plantings with drip irrigation systems and that seeded lawns or sod will not be installed; and The city or county within which new water service is requested has adopted the District's recommended landscape ordinance or a comparable ordinance by May 26, 1988 (or such date as the Board may determine). b. The applicant agrees in writing that there shall be no use of water out outside irrigation during the water shortage emergency. D. The County Building Inspection Department will require the following: 1. A grading permit may be required for the earthwork necessary to develop all parcels in the above minor subdivision. 2. Plans accompanying the application for building permits shall show the existing contours, the extent of the proposed grading and drainage improvements and shall be reviewed by the Grading Section prior to issuance. 3. Prior to issuance of building and/or grading permits in-above minor subdivision, a preliminary soil investigation report prepared by a licensed soil engineer will be required. It shall report on the ability of the site to support the improvements anticipated, and shall include recommended foundation designs to achieve maximum stability of the proposed structures. 4. Building foundations shall be designed to counteract swelling and uplift characteristics of the expansive soil at this site. 5. Provide details of drainage from pond. Provide details of flows to pond. E. 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. 4. Currently the fee for the Alamo region of the County is $2,201 for each added single family residence. F. Upon written request, the applicant may make a cash payment in lieu of actual excavation and removal of material from the Creek. The cash payment will be calculated at the rate of $0.10 pr square foot of new impervious surface area crated by the development. The added impervious surface area created by the development will be based on the Flood Control .District's standard impervious surface area ordinance. The Flood Control District will use these funds to work on the Creek annually. G. The applicant shall comply with the Parklands Dedication Fee Ordinance, the current fee is $400 per parcel. TB/aa MSXI/56-90C.TB 11/13/89 6/25/90 7/27/90 8/1/90 4/3/91 (retyped)