HomeMy WebLinkAboutMINUTES - 04271993 - H.5 N.s
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 27, 1993 by the following vote:
AYES: Supervisors Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
SUBJECT: Hearing On The Appeal By The Contra Costa County Public Works
Department On Minor Subdivision 29-91 In The Byron Area.
This is the time heretofore noticed by the Clerk of the Board of Supervisors for
hearing on the appeal by the contra Costa County Public Works Department from the
decision of the East County Regional Planning Commission acting as the Board of
Appeals on the application by Ronald Greenwell and Associates (applicant) and David
Theobald (owner) to subdivide 16 acres of land into three parcels (MS 29-91) in the
Byron area.
Dennis Barry, Community Development Department, presented the staff report
and he commented on a brief history of the project. Mr. Barry commented on the
conditions of approval appealed by the applicant including the collect and convey
condition, and he also commented on the appeal by the Public Works Department to the
exception to the collect and convey requirements granted by the Board of Appeals.
Mitch Avalon, Public Works Department, presented the grounds for the Public
Works appeal.
Ron Greenwell, 10 S. Lake Drive, Antioch, requested that the appeal by the
Public Works Department be denied and that the minor subdivision be approved with
the exception to the collect and convey requirements.
David Theobald, 19364 West Grant Line Road, Tracy, spoke in support of denial
of the Public Works appeal.
Supervisor Torlakson moved to close the public hearing and defer decision to
May 18, 1993 on the decision calendar.
IT IS BY THE BOARD ORDERED that the decision on the above matter is
deferred to May 18, 1993 Decision Calendar.
Orig. Dept . Clerk of the Board
cc : Public Works
Ron Greenwell
David Theobald I hereby certify that this is a true and correct
County Counsel copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
ATTESTED:
rL J
PHIL B CHIELOR, Clerk of the Board
of u ervis r and Co t� Administrator
fl
By Deputy
M, r'Y`
l �'lAJuj
of W !
CY
} ;
LLJ
,�j';•i car' t �� W � � � � ! m N
w O u !
JZ, {} �
Q. tit` 0 CAD R x
,a T,
I
- •-j ...__ _.__ _ .� ... . . -—^T'Mf•�,t.,5 Z.�`+ --'--- b'�C�S�.,,�., r F_•�'t 4 L ._..... � C'
r• •+i• r f 1 � �5
in
U (n ti �v QF ���tJ)� --•`," a �/
cc, its Cl1 I I n
to
m ty11
..>F �,,?`t'` CJ / } o c"�1�j l[i tl'i — m 07`�.,�41 ui — « "� �'. �.V,4 4 - •- -• d, � L,
u j
;_�.,• r.. .,lr• Y � � � \ G- v1 �� `� a ��a k1�•�,. � �i 0.r � ,t
IOL
``�� ��}._.:r>'_;t-� ! v p� W p� 0 3 y� tle�. � `?ys � �'.y�'�•Z i - ' p�
ILJ
•)L t'{�.',Y S,r. LG Lf/
•:. .�'::.,,...3.. }CK t. __a" "_: _ _ dd_ .. _ �-•-a� r"i_.-rr_:tea;- —_ - ,
C)l
•' �_�.`�+: W .� ; y �4 ���y, ^KKK C�� I
'� cr► W aoi .� a r ! a.
uj
ui
•'" •ter'•:�3'�' y, G�.
ct
IN
lul
Hl a
Ike 't lu
�i�iu Kia
Ix
qu
lu 41;
'�` .ice S. ;Q >.•_4'. XWp 3 � W uQ�Jp'u 7' '
lu IL0.lk
14
•J�3e — X
(.Y
� O
t" �
� �ooP,rn .
APPEAL
MINOR SUBDIVISION 29-91
RONALD GREENWELL ASSOCIATES (Applicant) - DAVID THEOBALD
(owner)
REQUEST: TO SUBDIVIDE 16 ACRES INTO 3 PARCELS
PROPERTY IS LOCATED ON THE EAST SIDE OF BIXLER ROAD,
APPROXIMATELY 23,556 FEET NORTH OF THE INTERSECTION OF BIXLER
ROAD AND BYER ROAD, IN THE BYRON AREA.
THE PROPERTY IS ZONED A-2.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
APRIL 27, 1993 - 2:00 P.M.
TO: BOARD OF SUPERVISORS +
.0] Contra
0: Costa
FROM: HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT far
DATE: January 29, 1993 �STU
SUBJECT: Appeal - Ronald Greenwell (Applicant) David Thoobald (Owner), county
File #X8 29-91 - Request approval of a vesting tentative map to divide
16 acres into three parcels in the Byron area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Deny the County Public Works appeal and approve MS 29-91 with
conditions recommended by the Board of Appeals or choose option B.
Option A: Supporting the Board of Appeals APPROVAL of MS 29-91.
1. Approve MS 29-91 for three lots subject to the attached
resolution and the conditions allowing an exception to the
Public Works Department's collect and convey condition.
(Condition 5A.3)
2. Accept the environmental review documentation as being
complete and adequate.
Option B: Granting the Public Works Department's appeal.
1. Approve the subdivision with-conditions approved by the Board
of Appeals, excluding the exception to collect and convey
conditions.
2. Accept the environmental review documentation as being
complete and adequate.
FISCAL IMPACT
None.
CONTINUED ON ATTACHMENT: X YES SIGNAT
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OARD ;COMMITTEE
C
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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.
Contact:Candida Wensley 646-2024 ATTESTED�_
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Ronald Greenwell THE BOARD OF SUPERVISORS
David Theobald AND COUNTY ADMINISTRATOR
Public Works
Attn: Mitch Avalon BY DEPUTY
CW:df
Page Two
BACKGROUND/REASONS FOR RECOMMENDATIONS
This project was heard and approved by the zoning Administrator on
September 18, 1992.
Following the Zoning Administrator's decision; the applicant
appealed a number of Conditions of Approval, including the collect
and convey condition.
On January 11, 1993, the Board of Appeals heard and approved Minor
Subdivision 29-91 with revised conditions. one of the revisions
the Commission made was to Condition 5A.3, to allow an exception to
the collect and convey requirement provided that the applicant
discharge drainage to Frisk Creek.
On January 20, 1993, the Public Works Department submitted a letter
to the Community Development Department, appealing the Board of
Appeals decision to allow the applicant an exception to the collect
and convey requirement. '
BEFORE THE BOARD OF APPEAL
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL - Ronald Greenwell and Associates, Applicant
David Theobald, Owner,
Minor Subdivision #29-91,
WHEREAS, on June 25, 1991, the applicant, Ronald Greenwell and
Associates, filed an application (MS 29-91) with the Community
Development Department requesting approval to divide sixteen acres
into three lots, said property being located in the Byron area; and
WHEREAS, in connection with applicant's requests, an Initial
Study of Environmental Significance was prepared by the Community
Development Department which determined that the requested
entitlements would not have any significant adverse environmental
impacts; and
WHEREAS, for purposes of compliance with provisions of the
California Environmental Quality Act and State and County CEQA
guidelines, a Negative Declaration of Environmental Significance
was prepared, posted and circulated; and
WHEREAS, after notice thereof having been lawfully given, a
public hearing was held by the County Zoning Administrator on
Monday, September 9, 1992, wherat all persons interested might
appear and be heard; and
WHERAS, the applicant appealed Conditions 5.A, 2 (a) and 2 (b)
and Conditions 5A.2a and 5A.3, conditions pertaining to road
widening and collect and convey; and
WHEREAS, after notice was lawfully given, a public hearing was
scheduled before the East County Regional Planning Commission Board
of Appeals on Monday, January 11, 1993; whereat all persons
interested might appear and be heard; and
WHEREAS, at a lawfully noticed scheduled public hearing on
Monday, January 11, 1993 the East County Regional Planning
Commission Board of Appeals Denied the applicant's appeal and
approved Minor Subdivision 29-91 with revisions to Conditions 5A.2a
and 5A. 3 , conditions pertaining to road widening and collect and
convey; and
Page Two
NOW, THEREFORE, BE IT RESOLVED that East County Regional
Planning commission Board of Appeals Approved Minor Subdivision 29-
91 with revised conditions.-for the-':-follow- ing reason:
1. The project is consistent with the County General Plan.
BE IT FURTHER RESOLVED that the foregoing was given by vote of
the East County Regional Planning commission Board of Appeals in a
regular meeting Monday, January 11, 1993 as. follows:
AYES: Commissioners - Wetzel, Planchon, Andrieu,
Hanson, Maybee, Sobalvarro, Hern
NOES: Commissioners - None
ABSENT: Commissioners - None
ABSTAIN: Commissioners - None
BE IT FURTHER RESOLVED that the decision of the East County
Regional Planning commission Board of Appeals was appealed by the
Public Works Department.
ATTEST:
ey B agdon, Secretary
c
o Of the Ea County Regional
f t
cr ommissi
APlanning ommission, county
of Contra Costa, State of
California
CW/df
MS29-91.res
i
03
-a -- co D
c�
J
a - d- G
-
---_
CA
y - oo ( -
.02_ - o_ - cid
aCA-,,,
it
CA
y J
to
y .
OPTION "A"
CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 29-91 AS APPROVED BY THE
BOARD OF APPEALS, EXCLUDING EXCEPTION TO COLLECT & CONVEY
1 The request to subdivide the 15 acre parcel is approved for three (3) parcels is
approved subject to the vesting tentative map dated received by the Community
Development Department on June 25, 1991.
2. 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.
3. 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 the
open space areas of Contra Costa County and you should be
fully aware of this at the time of purchase."
4. 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 and included in the Contra Costa County General Plan
adopted January, 1991.
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 bacterial and chemical
quality in compliance 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
2.
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.
C. 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.
D. The land must be suitable for septic tank use according to the 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.
5. 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 Bixler Road.
2) An exception to this requirements is granted provided a deferred
improvement agreement is executed require the owner(s) of the property
involved in Subdivision 29-91 to:
a) Construct pavement widening and four-foot shoulder along the
Bixler Road frontage. The edge of pavement shall be 20 feet
from the centerline for the road.
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.
>::::>::::::>:: w�ye:;ira :<::w�th :::>th-_>ii ect
way. ;:j;i:;i j•}"i:: ilii:.....::::i::i::is:i::ii:
V�i
..... .....:: ::: ::: ::.::..: ::;:•iii;iii:.i:.i::::::::::::::::::::::::::.:::::::
:»; ; ft
.i:.ii:.......:,........ ................ :.;:.:.i:.i:.;:. i: ; :::::...:::::: ::::.:::::::-::>:•>:'z:
a:::natural rat$rc€iuicse::# r� defft l <::: . . .... :
Y� :::::.::::::::::::::::::.::::::::.::::.:::::::..:::::::::::::::::.::.9.::::::::::::::::::::.::::;�ec>�.iark .: rf�cs::�tr.:(a
.::'.:':.i:.i :.;' :..:.....::..::.
XiS rti ::,: c r.i:.>;::.:::: ;::i: c e. WIN..�rhf> .:: �+E���:�h�.�t+��
::.:::::.i:.i:. %
w a rs to.::... i::i::i :::.>;::>;;>;:.i:< rse::::Ar ea�ce tkq gc nLe::::�c �t�d r g the
aP)�i c :.: e .itu.ik 0. i
...............................................................................................
3.
4) Verifying that all finished floor elevations are above the 100-year flood
elevation.
5) The Ordinance prohibits the discharging of concentrated storm waters
into roadside ditches.
6) Applying for encroachment permits from'the Public Works Department,
Engineering Services Division, for driveway connections within the right
of way of Bixler Road.
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 Bixler
Road as required for the planned future width of 84 feet.
C. Relinquish abutter's rights of access along Bixler Road with the exception of:
1) A 60-foot combined access between Parcels A and B.
2) A 30-foot access at the southern boundary of Parcel C.
ADVISORY NOTES
A. The applicant/owner should be aware of the renewing requirements prior to recording
the Parcel Map or requesting building or grading permits.
B. Applicant shall comply with the Park Dedication Fee Ordinance. A Park Dedication fee
will apply to each lot.
C. Comply with the requirements of the Byron Fire Protection District (see attached).
D. Comply with the requirements of the Health Services Department, Environmental
Health Division.
E. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
F. 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 and fish and wildlife resources, per the Fish and Game Code.
4.
G. 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
structure on this property.
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 as adopted by
the Board of Supervisors.
J. Comply with the requirements of the Byron-Bethany Irrigation District.
CW/aa
MSXX/29-91 C.CW
8/3/92
10/29/92
1/11/93 - EC(a)
1/29/93
OPTION "B"
CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 29-91 AS APPROVED BY THE
BOARD OF APPEALS, EXCLUDING EXCEPTION TO COLLECT & CONVEY
1 . The request to subdivide the 15 acre parcel is approved for three (3) parcels is
approved subject to the vesting tentative map dated received by the Community
Development Department on June 25, 1991.
2. 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.
3. 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 the
open space areas of Contra Costa County and you should be
fully aware of this at the time of purchase."
4. 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 and included in the Contra Costa County General Plan
adopted January, 1991.
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 bacterial and chemical
quality in compliance with the State standards.1or 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
2.
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.
C. 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.
D.- The land must be suitable for septic tank use according to the 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.
5. 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 Bixler Road.
2) An exception to this requirements is granted provided a deferred
improvement agreement is executed require the owner(s) of the property
involved in Subdivision 29-91 to:
a) Construct pavement widening and four-foot-shoulder along the
Bixler Road frontage. The edge of pavement shall be 20 feet
from the centerline for the road.
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.
::::?jFiiii}ijii::i::i::isi:::::}::i::is:i::i`> ::li5i5i ;iii;?;:i:!i5i ............ .................... 4...
vrre::;its >:ai<:st >:uuates::>eter: ::>rir:: r �: :;_:: . .
:::.Y::::.9.:.::.::::.:. ::::::::::::::.:::::.::::::::9.::::::::::::: .na.-:- .:: athtle;su ec)
.rr, :::::::::
1.
: t! e: : :.> .> :.>;:>;: :..:.o
.:' ' a .,:dat , .r
.....:............... .,
aterso;anatural;; rtccure .
3.
4) Verifying that all finished floor elevations are above the 100-year flood
elevation.
5) The Ordinance prohibits the discharging of concentrated storm waters
into roadside ditches.
6) Applying for encroachment permits from the Public Works Department,
Engineering Services Division, for driveway connections within the right
of way of Bixler Road.
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 Bixler
Road as required for the planned future width of 84 feet.
C. Relinquish abutter's rights of access along Bixler Road with the exception of:
1) A 60-foot combined access between Parcels A and B.
2) A 30-foot access at the southern boundary of Parcel C.
ADVISORY NOTES
A. The applicant/owner should be aware of the renewing requirements prior to recording
the Parcel Map or requesting building or grading permits.
B. Applicant shall comply with the Park Dedication Fee Ordinance. A Park Dedication fee
will apply to each lot.
C. Comply with the requirements of the Byron Fire Protection District (see attached).
D. Comply with the requirements of the Health Services Department, Environmental
Health Division.
E. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
-F. 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 and fish and wildlife resources, per the Fish and Game Code.
4.
G. 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
structure on this property.
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 as adopted by
the Board of Supervisors.
J. Comply with the requirements of the Byron-Bethany Irrigation District.
CW/aa
MSXX/29-91 C.CW
8/3/92
10/29/92
1/11/93 - EC(a)
1/29/93
Agenda Item
Community Development Contra Costa County
EAST COUNTY REGIONAL PLANNING COMMISSION
MONDAY, JANUARY 1-1. 1993 -3:00 P.M*-
BOARD OF APPEALS
1. INTRODUCTION
RONALD GREENWELL (Applicant)=DAVID THEOBALD (Owner), County File #MS 29-
91: The applicant requests approval of a vesting tentative map to divide approximately
16 acres into three parcels. Subject property is located on the east side of Bixler Road,
approximately 23,556 feet north of the intersection of Bixier Road and Byer Road, in
the Byron area. (A-2) (ZA: Q-28m) (CT 3040.00) (Parcel #002-020-010)
11. RECOMMENDATION
Deny the appeal and approve MS 29-9.1 with the conditions approved by the Zoning
Administrator.
Ill. APPEAL
The applicant is appealing Conditions of Approval 5.A,,s'ubsectiQn 2.(a) and 2,(b); 5.A,
subsection 3; and 5.13. See attached appeal letter.
Condition #5.A, 2(a) and 2(b) - An exception to allow a deferred improvement
agreement for improvements to Bixier Road.
Condition #5.A, 3 - Requiring collect and convey of site drainage.
Ponditon #5.B. - Dedication of additional right of way on Bixler Road.
The Public Works Department will make a presentation at the hearing.
IV. GENERAL INFORMATION
A. General Plan: Agricultural Lands-Contra Costa County General Plan 1991 (one
dwelling unit per five acres).
B. Zoning: A-2 (Minimum 5 acre parcel size).
C. CEQA Status: A Negative Declaration was posted on May 20, 1992.
D. Site Description: The subject property is a flat parcel which currently has no
structures on it. On the day staff visited the site, there were no crops growing
on the subject property or on any-contiguous properties,- The -Contra Costa
County Boys' Ranch,is-located on an adjacent property, to the South of the
subject parcel.
E. Flood Zone: Approximately one half of the parcel is designated by the Federal
Emergdncy Management Agency as Flood Zone A. A designation of flood zone
means that a property has a one percent change of flooding every year. In
order to protect against disaster in case of a flood, conditions of approval for
this project require that the applicant/owner verify that all finished floor
elevation are above the 100-year flood elevation.
V. HISTORY
This project was heard and approved by the Zoning Administrator on September 18,
1992.
Following the Zoning Administrator approval, the applicant appealed a number of
conditions of approval (see attached appeal letter).
V1. DISCUSSION/FINDINGS
The applicant is proposing to divide the subject parcel into three lots, all of which will
have a net area of approximately 5.1 acres. The density of this -subdivision as well as
the proposed lot sizes meet both the requirements i .foe density for the Agricultural
Lands, Land Use Designation and the minim""um lot size requirements for the A-2 zoning
district. The above facts are the reasons for staff's recommendation of approval for
this project.
VII. AGENCY COMMENTS
A. Environmental Health: See attached.
B. Building Inspection Department: See attached.
C. Byron Fire Protection District: See attached.
D. California Archaeological Inventory: The A(Phae.olqgical Inventory commented
that an archaeological study should be conducted on the site. In response to
this comment a study, which revealed no archaeological sites,was conducted.
E. Byron-Bethany irrigation District: -See attached.
3
VIII. ROAD AND DRAINAGE CONSIDERATIONS
The attached conditions of approval based on the June, 1991 tentative-MaP' 'include
road and drainage requirements. The applicant should-be fully aware of the County
Subdivision Ordinance Code requirements as they pertain to this development.
The site is located east of Marsh-Creek and.south of Dutch Slough. The proposed
parcels are less then 10 acres in size, therefore, "Collect and Convey" requirements
should be adhered to.
CW/aa
MSXX/29-91.CW
8/3/92
12/18/92
r
00. Al .. � RONALD
low w o GREEN WELL
&. ASSOCIATES
• Land Surveying Ana h,CADrive,S.Lake 94509--2057
(510) 778-0626
September 28, 1992
iM.__ i:Yt'n` �...
Board of Appeals i-O -^4
Community Development Department r
: ,, e>
County Administration Building, North Wing �.
P.O. Box 951
Martinez, California 94553-0095
RE: Appeal M.S. 29-91
Dear Board of Appeals:
On behalf -of my client, Mr. David Theobald,. I am requesting an
appeal hearing to obtain relief from the Conditions of Approval for
M.S. 29-91 , which was last heard September 18. 1992.
Our specific concerns are with items 5A, subsection 2a and 2b
(deferred improvement agreement) , 5A, ,,.subsection 3 (conveying storm
waters) and 5B (offer of dedication') .
We have enclosed Mr. Theobald' s check for the amount of $500 for
the appeal application. We await your notification of our hearing
date.
Very truly yours,
Ronald Co Greenwell
President
RCG:mb
Enc.
pc: David Theobald
ctP E, (,5 c55 7 4
9/2B/92
CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 29-91
1 The request to subdivide the 15 acre parcel 'is approved for three (3) parcels is
approved subject to the vesting tentative map dated received.. by the Community
Development Department-'on--June-25-,--1991:
2. 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.
3. 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
q I
euipment and aerial crop dusting and certain animals'and flies
may existon surrounding properties. This statement is, again,
notification that this is part of the agricultural way of life in the
open space areas of Contra Costa County and you should be
fully aware of this at the time of purchase."
4. 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 and included in the Contra Costa,County General Plan
adopted January, 1991.
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 bacterial and chemical
quality in compliance.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
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.
2.
C. In addition to the above, a-hydro-geological-evaluation may be required i-n
known or suspected water short areas. This will include seasonal as well as
yearly variations.
D. The land must be suitable for septic tank use according to the 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.
5. 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 Bixler Road.
2) An exception to this requirements is granted provided a deferred
improvement agreementisexecuted require the owner(s) of the property
involved in Subdivision 29-91 to:
a) Construct curb, necessary longitudinal and transverse drainage,
pavement widening and a half-width median island (including
surface treatment) along the frontage of Bixler Road.
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.
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.
. 4) Verifying that all finished floor elevations of eeneeRtFeted SteFFR watem
Feadside ditehes. are above the 100-year flood elevation.
5) The Ordinance prohibits the discharging of concentrated storm waters
into roadside ditches.
3.
8) Applying for encroachment permits from the'Public Wo- Department,
Engineering Services Division, for driveway connections within the right
of way of Bixler Road.
7) Submitting a Parcel Map prepared by a registered civil engineer or
licensed land surveyor.
B. Canvey to the County, by Offer of Dedication, additional right of way on Bixler
Road as required for the planned future width of 84 feet.
C. Relinquish abutter's rights of access along Bixler Road with the exception of:
1 A 60-foot combined access between Parcels A and B.
2) A 30-foot access at the southern boundary of Parcel C.
ADVISORY NOTES
A. The applicantlowner should be aware of the renewing requirements prior to recording
the Parcel Map or requesting building or grading permits.
13. Applicant shall comply with the Park Dedication Fee Ordinance.
WIN@
C. Comply with the requirements of the Byron Fire Protection District (see attached).
D. Comply with the requirements of the Health Services Department, Environmental
Health Division;
E. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
F. 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 and fish and wildlife resources, per the Fish and Game Code.
G. The project lies within the 1 00-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 theCounty Flood Plain Management
Ordinance (Ordinance No. 87-65) as they pertain to future construction of any
structure on this property.
4.
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.
1. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit as adopted by
the Board of Supervisors.
J. Comply with the requirements of the Byron-Bethany Irrigation District.
CW/aa
MSXX/29-91 C.CW
8/3/92
10/29/92
BYRON FIRE PROTECTION DISTRICT
P.O. BOX 40 i BYRON,CALIFORNIA 94514
July 31, 1991
Contra Costa County �`
Community Development Department `;��> Z' -��
651 Pine Street, North Wing - 4th Floor f :. ra n
Martinez, CA 94553
ATTN: Rose Marie Pietras
SUBJECT: Minor Subdivision 29-91
Bixler Road
Byron, CA
Dear .Ms. Pietras:
We have reviewed the Minor Subdivision, application, dated June
25, 1991, for the subject project. The application . is to allow
Subdivision of approximately 16 acres into three (3) 5.326 acre
lots. This project is subject to fire and life safety
requirements of the Uniform Fire Code, as adopted by Contra Costa
County Ordinance 89-66, and the applicable provisions of the
California State Fire Marshal's regulations. If this project is
approved, we request that the following Uniform Fire Code and
State Fire Marshal requirements be included as Conditions of
Approval:
SPECIFIC CONDITIONS:
1. The developer shall provide an adequate and reliable
water supply for fire protection as set forth in the
Uniform Fire Code, (10.301(c) UFC]
This requirement shall be completed through either the
installation of a water storage tank (as specified by the
Rural Water Supply Requirements) or through the
installation of an approved -automatic fire.protection
sprinkler system. (10.301(e) - &- 10.301(c) UFC]
STANDARD CONDITIONS:
2, The developer shall provide access1:roadways with
all-weather driving surfaces of not less than 20 feet of
unobstructed width, and not less' than .13'- 619 of vertical
clearance, to within 150 feet of all portions of the
exterior walls of every building. .Access roads shall not
exceed 20% *grade, shall have a minimum outside turning
radius of 42 feet, and must be capable of supporting the
imposed loads of fire apparatus (20 tons) .
(10.207 UFC3
3 . Access roads and water supply shall be installed and in
service prior to combustible construction.
(10.301(d) & (e) UFC]
C.C.Co. Comm. Dev. Department
S1206MS.731
July 31, 1991
Page 2
4. The developer shall provide illuminated addressing
located on all buildings in such a manner as to be
plainly visible and legible from .,the street or road
fronting the property. (10.208 UFC]
5. Where open space is to be maintained for public or
private use, the developer shall provide access into
these areas from public ways. These access ways shall be
a minimum 16-foot width to accommodate fire department
equipment.
All open spaces, when left in their natural state, shall
meet the Fire District's weed abatement standards.
[10.207 (m) & 88.104 UFC]
6. The developer shall be required to contribute Fire
Facility Fees to mitigate operational costs associated
with increased service demands throughout the Fire
District. Fire Facility Fees are currently set at the
rate of $365.00 per individual residential dwelling unit.
The developer shall pay all required Fire Facility Fees
prior to the issuance 'bfany building permit.
7. The developer shall submit two (2) .sets of Improvement
Plans to the Fire District for review and comment prior
to construction. (2.206 UFC)
The conditions specified above are intended to ensure that the
project is in general compliance with applicable fire codes and
regulations enforced by the Byron Fire Protection District.
Review of subsequent plan submittals, required above, may result
in additional requirements. Projects beginning construction more
than one (1) year from approval may also be subject to additional
requirements. It is requested that a; copy of the Conditions of
Approval for this project be forwardedto our office when
complied and adopted by your agency.
C.C.Co. Comm. Dev. Department
S1206MS.731
July 31, 1991
Page 3
If you have any questions regarding this review, please contact
the undersigned at (415) 757-1303 Ext. 22 between the hours of
8:00 - 9:00 a.m. and 4:00 - 5:00 p.m. (Monday through Friday) .
Sincerely,
NICK PAPADAKOS -
Fire Chief
By.
BILL BANOVITZ
Fire Inspect
NP:BB:rh
pc: Ron Greenwell & Associates
5120600MS00 .
0 . . . )UHANYBYROM IRRIGATION LOTRICT
394 MAIN STREET e P.O.BOX 273 * BYRON,9t
OFFICERS PHONE(415)634-3534 FAX(415)51 JOHN J.CAWAWO
GERALD E.TENNANT-PRESIDENT DIRECTOR DIVISION NO.1
LOIS STORNETTAOF GERALD E.TENNANT
SECRETARY/COLLECTOR/TREASURERT H DIRECTOR DIVISION NO.2
15 P 1: 53
LORETTA BORGES-ASSESSOR 4 1 V_- RUTH SANTOS
FRED K.SPECHT-MANAGER - I DIRECTOR DIVISION NO.3
IMNASIAK MIKASIAN,MINASIAN CHARLES M UZKAY '
SPRUANCF,USER,MEITH&SOARES� DIRECTOR DIVISIONNO.4
ATTORNEYS VVILLIAM M RAYHER
CH2M HILL-ENGINEERS DIRECTOR DMSIONNO.5
REGULAR MEETINGS HUD ON SECOND TUESDAY OF EACH MONTH AT 1:30 P.M.
August 13, 1991
Rose Marie Pietras
Community Development Dept.
651 Pine Street
Martinez, California 94553-0095
Re:, MS 29-91 (THEOBALD)
Dear Ms. Pietras:
We request that the following "Note" be included on the
map for MS 29-51 in order to inform prospective land-
owners of the parcels being subdivided that water may or
may not be available for irrigation if they do not have
the proper facilities and easements.
NOTE: Byron-Bethany Irrigation District (District)
hereby notifies all persons and entities acquiring
interest in the property subdivided on this map that
agricultural water service may or may not be made
available to the lots being subdivided; that water
service by District is subject to proper application
being made, the rules and regulations of District,
and such conditions as may be established by the
Board of Directors of District from time to time;
that all service facilities, laterals, and access
for service approved by District, is at lot *owner:ls
sole cost and expense.
If you have any comments, please call Fred Specht or Lois
Stornetta at 415-634-3534.
Very truly yours,
Byron-Bethany Irrigation District
Lois Stornetta, Secretary
cc: Ron.Greenwell & Assoc.
David Theobald
Services DeCOn{t-Cry 11th Department'
P
Costa ENVIRONMENTAL HEALTH DIVISION
County
E .
July 23 . 1991
Greenwell & Associates
10 S Lake Dr. #1
Antioch, CA 94509
Dear Sir: SUBJECT: M. S . 29-91
Byron area
The tentative map of this proposed minor subdivision has been received by
this division.
An investigation to determine the feasibility of installing individual
sewage disposal and individual water supply systems must be made by this
division before our comments concerning the tentative map can be forwarded
to the Community Development Department.
The charge for conducting these investigations as a site evaluation will be
$480.00, payable to Contra Costa County Health Services (see fee schedule
enclosed) .
Upon making the site evaluation, the Environmental Health Inspector may
find it necessary to require percolation tests . You should be prepared to
. provide the percolation test holes, supply the water necessary and pay
$250.00 for each percolation test needed.
It will also be necessary to submit water quality information . to this
division for review. A general mineral analysis (specific conductance and
total dissolved solids only) and a full inorganic chemical analysis may be
completed on one well adjacent to or on M.S. 29-91 . All samples shall be
drawn from a well of known depth providing water of acceptable quantity and
quality, meeting all primary drinking water standards. For your
information, please see the enclosed Water Policy.
If you wish to proceed, we suggest you make application to this office . The
investigation may take a week or more to complete.
Sincerely,
Craig Smith, R.E.H.S.
CS:jc Sr. Env. Health Specialist
Encl .
cc: Community Development Dept.
Public Works, Rd. Eng.
Bldg. Insp. Dept.
David Theobald
Please Reply or Calk
East/Central Office ❑West Office
1111 Ward Street 39th St.1£Bissell Ave_
Martinez California 94553 Richmond,Califomia 94805
(415)646-2521 (415)374-3141
FAX(415)646-2535 FAX(415)374-3464
IL
�' cQ W m a
?Ct514W�J2
Zauo
2cc
ku
4 �x
Y
.�;4 O
tj 6@2
-._9 2 :IpE a -
I • - N..... • �N ._
` I 2 G
�V <
uj
Uad.�,9Y'f�� r,yu. Y! !.
Vie',:
.w
&.97Xrt-7
fu
� E�4
yip\\I<n Li
C�Yy♦N`x
,�yff�e�ffa -
'. 0 3 tibia ` �� � � �-,d►'--
r pyi � c
y YQe{t� py5a5a
G <uua�c f
California Environmental Quality Act
NOTICE OF
Completion of Environmental Impact Report
x� Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET NORTH WING-4TH FLOOR MARTINEZ,CALIFORNIA 94553-0095
Telephone: (415) 6462024 Contact Personandida Wensley
Project Description and Location:
RONALD GREENWELL(Applicant)- DAVID THEOBALD (Owner), County File #MS 29-91: The
applicant requests approval of a vesting tentative map to divide approximately 16 acres into
three parcels. Subject property is located on the east side of Bixler Road,approximately 2,556
feet north of the intersection of Bixler Road and Byer Road, in the Byron area. (A-2) (ZA: 0-
28m) (CT 3040.00) (Parcel #002-024-010)
THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE
ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S'HEARING DATE
WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH.
Based on the foregoing review, the project will not result in any potentially significant
environmental impacts.
The Environmental Impact Report or Justification for Negative Declaration is available
for review at the address below:
Contra Costa County Community Development Department
4th Floor, North Wing, Administration Building
651 Pine Street
Martinez, California
Review Period for Environmental Impact Report or Negative Declaration:th,
✓✓
By
AP 9 R 12/89 Community Development Department Representative