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Home My WebLink AboutMINUTES - 06021992 - D.1 TO: BOARD OF SUPERVISORS !'�:-=' : Confla -_ s. Cc�.sta FROM: HARVEY E. BRAGDON �^ DIRECTOR OF COMMUNITY DEVELOPMENTSW� o ---------fi DATE: 22 April 1992 SUBJECT: APPEAL - Humann Co. ,Inc. (Applicant) - Wayne Gross (Owner) , MS 31-91 - Appeal by adjacent property owner, G. Frank Rogers, of the County Planning Commission's decision to Approve MS 31- 91 with conditions. Walnut Creek Area. (S.D. III) (APN 184- 150-021) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Deny the appeal of G. Frank Rogers. 2 . Approve the tentative map for MS 31-91 as recommended by the County Planning Commission on March 31, 1992 . 0 3 . Approve the conditions as recommended by the Commission at the March 31, 1992 meeting. 4 . Accept the environmental review documentation as being complete and adequate. BACKGROUND/REASONS FOR RECOMMENDATIONS The background for this project is reviewed .in the March 31, 1992 staff report to the County Planning Commission. The Commission reviewed an appeal of the Zoning Administrator's approval of the application filed by neighboring resident G. Frank Rogers. Mr. Rogers objects to approval of the minor subdivision due to the variance to average lot width and adequacy of sight distance. On March 31, 1992 , after taking testimony, the Planning Commission voted to deny the appeal and approve the subdivision. On April 9, 1992 , the adjacent neighbor Mr. G. Frank Rogers appealed the Commission's decision to the Board. Mr. Rogers' appeal contains no information that was not available to the Commission. CONTINUED ON ATTACHMENT: YES. SIGNATURE 4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECORRECDAMONO B D COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON June 2, 1992 APPROVED AS RECOMMENDED XX OTHER APPROVED the recommendations set forth above including denial of the appealof G. Frank Rogers and granted approval of the vesting tentative map with a variance on Parcel B. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A XX UNANIMOUS (ABSENT - - - 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 June 2, 1992 cc: Debbie Drennan PHIL BATCHELOR,CLERK OF Humann Co., Inc. (Applicant) THE BOARD OF SUPERVISORS G. Frank Rogers (Appellant). AND COUNTY ADMINISTRATOR Wayne Gross (Owner) BY , DEPUTY rill CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 31-91 1. This application is approved subject to the revised Tentative Map received dated received February 27, 1992 by the Community Development Department and subject to the following conditions. 2 . The variance is approved, it meets the requirements of County Ordinance Code 26-2 .2006: 80 feet required for average lot width 60 feet approved 3 . Prior to filing the map, the applicant shall show proof that a good-faith effort was made to obtain access to Parcel B over APN #184-150-020. If access cannot be obtained the applicant shall comply with the Public Works requirements for site access. 4 . If access cannot be provided over #184-150-020 prior to filing the map submit for review and approval the Community Development Department and the Public Works Department, Road Engineering, grading plans for direct access from Boulevard Way. 5 . Prior to issuance of building permits, submit for review and approval of the Zoning Administrator architectural elevations and color samples for the home on Parcel B. Earthwork shall be minimized to the extent possible. The home shall be limited to an 18-foot height envelope and stepped-back on the hillside no more than 45-feet from the frontyard setback line. 6. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such an hypothesis is established. At this time no risk assessment has been made. " When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real If 2 . Estate insert the above note in the report. 7 . 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. 8. At least 45 days prior to installation. of improvements, submit a preliminary geology, soil and foundation report meeting the requirements of Subdivision Ordinance 94-4 .420 for review and approval of the Zoning Administrator and Grading Section. Improvement, grading and building plans shall carry put recommendation for the approved report. 9 . 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. 10. 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 Boulevard Way. An exception to this requirement is granted provided a deferred improvement agreement is executed requiring the owner(s) of the property involved in Subdivision MS 31-91 to: a) Construct curb, four-foot six-inch sidewalk (width measured from curb face) , necessary longitudinal and transverse drainage, and necessary pavement widening along the frontage. The face of curb shall be 10 feet from the ultimate right of way line. b) Underground all utility distribution facilities, including the existing distribution facilities long the Boulevard Way f . 3 . frontage. C) 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) 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 public storm drainage facility which conveys the storm waters to a natural watercourse. 3) Designing and construction 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. The Ordinance prohibits . the discharging of concentrated storm waters into roadside ditches. 4) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 5) 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, Road Engineering Division. . 6) Submitting a Parcel Map prepared by a registered civil engineer or licensed land surveyor. B. Provide for adequate stopping sight distance at the Boulevard Way access to Parcel B based on a design speed of 35 miles per hour in accordance with CALTRANS standards. C. Provide for the maximum sight distance attainable within the existing right of way at the Boulevard Way/Boulevard Court intersection. D. Relinquish abutter's rights of access along Boulevard Way with the exception of the proposed driveway as shown on 4. the tentative map. E. Install safety related improvements on Boulevard Way (including traffic signs and channelization) as approved by the Public Works Department. F. 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. G. Obtain an encroachment permit from the Public Works Department, Application and Permit Center, for construction of driveways, or other improvements within the right of way of Boulevard Way. ADVISORY NOTES A. Applicant shall comply with the Park Dedication Fee Ordinance. B. Comply with requirements of the Central Sanitary District (see attached) . C. Comply with requirements of the Contra Costa County Consolidated. Fire Protection District (see attached) . D. Comply with the requirements of the Building Inspection Department.. Building permits are required prior to the construction of most structures. E. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the South Walnut Creek Area of Benefit as adopted by the Board of Supervisors. DD/aa MSXVIII/31-91C.DD 12/20/91 3/2/92 3/18/92 3/31-92 - P/C Rev. (v)