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HomeMy WebLinkAboutMINUTES - 05051992 - D.2 D . 2 TO: BOARD OF SUPERVISORS Contra FROM: HARVEY E. BRAGDON 'S `,'}} DIRECTOR OF COMMUNITY DEVELOPMENTCJWI� County DATE: 26 March 1992 cr ` SUBJECT: APPEAL - Warren Turnage (Applicant) - Judy Mashore (Owner) Zoning Administrator's decision to administratively deny the revised vesting tentative map for MS 157-90, submitted January 15, 1992. (S.D. V) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Deny the appeal. 2 . Direct the applicant to resubmit a revised vesting tentative map to the Zoning Administrator for review and approval, which does not have such awkward lot configuration and which follows staff's recommended reconfiguration. (See attached staff recommendation) . BACKGROUND/REASONS FOR RECOMMENDATIONS This item was heard at the November 12, 1991 County Planning Commission meeting. At that meeting, the Commission directed staff to work with the applicant in order to decrease the size of or if possible eliminate the variances requested. Following the November 12 , 1991 hearing, the applicant submitted a revised vesting tentative map, dated November 26, 1991. While the map decreased the size of the variances for average lot width on Parcels "C" and "D" , it did not decrease the size of J variances substantially. CONTINUED ON ATTACHMENT: XZYES SIGNATURE,/ ( ,tL_, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME N 04 lllbARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 7 APPROVED AS RECOMMENDED OTHER x See Addendum for Board action 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: MINUTES OF THE BOARD OF. SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED May 5 ,.. 1992 cc: Candi Wensley, Community Development PHIL BATCHELOR,CLERK OF Public Works Department THE BOARD OF SUPERVISORS Warren Turnage D C TY AD ISTRATOR BY , DEPUTY APPEAL - Warren Turnage - MS 157-90 After reviewing the November 26, 1991 map, staff tried, unsuccessfully, to persuade the applicant to change the project to reflect staff's recommended reconfiguration, which includes no var- iances. (See attached) . On January 14, 1992 , the County Planning Commission heard the project and recommended approval of the four lot subdivision with a condition requiring that, prior to recording the Parcel Map, the applicant submit a revised tentative map, which includes no variances, for review and approval of the Zoning Administrator. On January 15, 1992 , the applicant, attempting to meet the above condition, submitted another revised vesting tentative map dated January 15, 1992, which includes no variances, for review and approval of the Zoning Administrator (see attached) . The Zoning Administrator administratively denied the January 15, 1992 map because the configuration creates a very awkwardly shaped Parcel "A" and distributes the existing slide throughout a number of the parcels rather than containing the slide on one parcel and elimin- ating the liability problems associated with having a slide located on a number of different properties. It is this decision which the applicant is appealing. ADDENDUM TO ITEM D. 2 MAY 5, 1992 On April 28 , 1992, the Board of Supervisors deferred to this date the decision on the appeal of DeBolt Civil Engineering (appellant) from the decision of the Contra Costa County Planning commission on the application of Warren Turnage (applicant) and Judy Mashore (owner) requesting approval of a vesting tentative map to divide 32 acres of land into four lots with variances to parcel width on Parcels C and D (Parcel C to have 224 feet, and Parcel D to have 187 feet, 250 feet required) (MS 157-90) in the Clayton area . Supervisor Torlakson moved to grant the appeal, approve the revised plan submitted by DeBolt Engineering to avoid variances and to add a cross or access easement to address the staff concerns relative to potential slide areas and access for repairs . IT IS BY THE BOARD ORDERED that the appeal of DeBolt Civil Engineering (appellant) from the decision of the Contra Costa County Planning Commission on the application of Warren Turnage (applicant) and Judy Mashore (owner) requesting approval of a vesting tentative map relative to the several parcels of land in the Clayton area is GRANTED; and revised MS 157-90 with conditions as amended is APPROVED. CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 157-90 (Turnage/Mashore) 1. The request to subdivide the 32 acre parcel is approved for four (4) parcels without variances. Prior to recording the Parcel Map, the applicant shall submit a revised tentative map, which includes no variances, for review and approval of the Zoning Administrator. 2. 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, and 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. 3. Prior to filing the parcel map, comply with the policy criteria for subdivision of lands within agriculture 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, a statement must be attached and run with the property deed: advising of these levels; or 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; and C. Have a statement that "attaches 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. D. In addition to the above, a hydro-geological evaluation may be required in known or suspected water short areas. This will include seasonal as well as yearly variations. E. The land must be suitable for septic tank use according to County Ordinance Code criteria and Health Services Department regulations. Percolation tests must be passed on all proposed lots prior to filing of the parcel map. 4. In order to preserve agricultural lands, the County ranchette policy shall apply to this project requiring that the building sites be reviewed and approved by the Zoning 1 Administrator prior to building permit. This shall be noted as a deed restriction on each parcel/lot. 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. 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 East Contra Costa County and you should be fully aware of this pt the time of purchase." 7. Prior to issuance of Building permits on all parcels of this subdivision, submit an as- graded report of the geotechnical engineer with a map showing final plan and grades for landslides repaired, including subsurface drainage, subdrain cleanouts and disposal or pickup points, and any buttress fill with its keyway location, or retaining wall installed, and other soil improvements installed during grading, all as surveyed by a licensed land surveyor or civil engineer. 8. 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. 9. Prior to design of improvements or recordation of a Final Map, a preliminary soil investigation shall be conducted in accordance with MS 42-85 conclusions and recommendations (4) of Engeo, Inc.'s November 24, 1982 Geologic Reconnaissance and Page 2, Paragraphs 2 and 3 of their December 13, 1982, report and to evaluate abutment and pier erosion, scour, and bank stability under static and seismic loads. Improvement plans and/or grading plans shall incorporate recommendations to maintain the stability of improvements, earthwork, and structure and road foundations. 10. Prior to recordation of the Final Map for this subdivision, a setback of all improvements from the landslide on Parcels A and D shall be established. The setback shall be field- staked by a consulting engineering geologist and surveyed by a civil engineer. No improvement shall be placed south of the setback line except with written approval of the Zoning Administrator. 1 1 . Bridge widening foundation construction shall be accomplished under the supervision 2 of a soil and foundation engineer experienced in bridge foundation construction. The soil and foundation engineer shall furnish a written statement indicating satisfactory completion of the work prior to final inspection of the bridge and approach roadway. 12. Abutment support to the bridge shall be protected by grouted rip-rap, reinforced slope apron paving, or gabions to one foot above the 100-year flood plain elevation. Protection shall be installed with a 2-foot deep upstream cutoff wall. Existing eroded areas shall be repaired under the supervision of a soil engineer before placing permanent bank protection. Pier foundations shall be protected by heavy rip-rap placed in accordance with the soil engineer's recommendations. 13. The following requirements pertaining to drainage, road, and utility improvements 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 Marsh Creek Road. Widening the existing pavement and constructing a 4-foot rock shoulder along the frontage of Marsh Creek Road, subject to the review and approval of the Public Works Department, will satisfy this requirement. The edge of pavement shall be 16 feet from the centerline of the road. -OR- At the option of the applicant, contribute an equivalent in-lieu cost of the above improvements for each of the 5 acre size lots. This has been calculated to be $4,634 per lot, exluding Parcel "A", which shall be deposited in the Road Improvement Trust Fund 8192 for improvements to Marsh Creek Road. 2. Constructing a paved turnaround at the end of the proposed private road. 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 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 on adjacent property. 3 4. Verifying that all finished floor elevations are above the 100-year flood elevation. 5. Relinquishing "development rights" over that portion of the site that is within the structure setback area of Kellogg 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. 6. Submitting improvement plans prepared by a registered civil engineer, 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 Public Works Department, Engineering Services Division. 7. Submitting a Parcel Map prepared by a registered civil engineer or licensed land surveyor. B. Convey to the County, by Offer of Dedication, additional right of way on Marsh Creek Road as required for the planned future width of 92 feet. C. Provide for adequate sight distance at Marsh Creek Road in accordance with CALTRANS standards. 4 D. Relinquish abutter's rights of access along Marsh Creek Road with the exception of the private access road. E. Construct the on-site driveway system to current County privatb road standards with a minimum width of 16 feet, with two-foot rock shoulders, within a 25- foot access easement. Within 30 feet of Marsh Creek Road and Marsh Creek, the road shall be paved to a 20-foot width with two foot rock shoulders. F. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across driveways. G. Verify that the hydraulic capacity of the existing bridge crossing the creek is adequate to pass the 100-year storm runoff. If it is not adequate, the bridge shall be modified or replaced to increase its capacity. H. Verify that the structural capacity of the existing bridge is adequate to support the projected future traffic loads. I. Obtain a drainage permit from the Public Works Department, Application and Permit Center for this or any other work within the creek right-of-way area prior to construction. J. Establish a maintenance agreement to insure future maintenance of the private road and bridge. 4 f ADVISORY NOTES A. Applicant shall comply with the Park Dedication Fee Ordinance. B. Comply with the requirements of the Building Inspection Department. C. Comply with the requirements of the Environmental Health Department. D. Comply with the requirements of the E. A Fee of $1 ,275. for the State Department of Fish and Game is due at the end of the 10 day appeal period. F. The project lies within the 100-year flood boundary as designated on the Federal Emergency 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. G. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to 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. H. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. I. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit and the East/Central County Travel Corridor Area of Benefit as adopted by the Board of Supervisors. RMP/Min/aa ml 7:157-90c.rmp 12/2/91 1/14/92- P/C Rev. (v) 5