HomeMy WebLinkAboutMINUTES - 07172001 - D.5 TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR �;_ ---.`Te
County
DXU: July 17, 2001
SUBJECT: THIS IS AN APPEAL OF THE RECOMMENDATION OF THE COUNTY PLANNING
COMMISSION'S DECISION TO APPROVE A LAND USE PERMIT FOR A
TEMPORARY MOBILEHOME FOR INTERIM AGRICULTURAL USE LOCATED AT
4900 MORGAN TERRITORY IN THE CLAYTON AREA. COUNTY FILE#LP00-2111,
E&B FARMS (APPLICANT AND OWNER). SAVE MOUNT DIABLO (APPELLANT)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. UPHOLD the County Planning Commission decision to approve the land use permit, as contained
in their Resolution No. 9-2001, with modifications to one condition as shown on Page 3, to
address the issues raised in the appeal.
2. ADOPT the findings contained in the County Planning Commission Resolution No. 9-2001 as the
basis for the Board's action.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON T f1 yam, 2001 APPROVED AS RECOMMENDED OTHER_,XX
The Board continued this matter to August 14, 2001 at 1:00 p.m.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
XX UNANIMOUS(ABSENT III ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF TILE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Telma Moreira(925)335-1217 ATTESTED July 17, 2001
To'n S�-7ee.teh- CLERK OF THE BOARD OF
,. cc: Public Works SUPERVISORS AND COUNTY ADMINISTRATOR
Applicant
Building Inspection
c�C� l�.
BY ,DEPUTY
July 17, 2001
Board of Supervisors
File#LP00-2111
Page 2
3. ADOPT the Categorical Exemption, Section 15303, Class 3 and direct the Community
Development Department Director to file the notice of Exemption with the County Clerk.
FISCAL IMPACT:
The applicant is responsible for cost of processing the application.
BACKGROUND/PROPOSED PROJECT
The applicant applied for a Land Use Permit on December 14, 2000 with the Community
Development Department to allow a temporary 1,440 sq. ft. mobilehome for interim
agricultural use. The subject site is located at 4900 Morgan Territory Road. The property is
vacant, relatively steep and is 28.7 acres in size. The subject property is not currently used
for agriculture; however, the applicant has indicated that part of the property would soon be
used for agricultural use. The applicant is proposing to use the mobilehome as a temporary
residence until the main residence is built and to build a second residence and replace the
proposed 1,440 sq. ft. mobilehome with a caretaker mobilehome. The applicant has not
submitted the plans for the proposed future residences, and is aware that a second residence
and a caretaker mobilehome require review and approval of a Land Use Permit.
The applicant's request was heard by the County Planning Commission on March 13, 2001.
Seth Adams of Save Mount Diablo testified before the Commission expressing concerns
that the application lacked sufficient environmental review and disregard to existing
County policies. The County Planning Commission, after taking testimony, and evaluating
this proposal, unanimously approved this land use permit. Prior to granting approval of the
requested mobilehome, the Commission clearly stated that approval of the mobilehome
does not guarantee approval of any future structures.
Following the Planning Commission's decision, staff is recommending that Condition No.
3 be deleted and the following additional conditions be included for clarification:
1.. The proposed mobilehome shall be removed at the end of five years or upon the construction
of a main residence on the property, whichever occurs first.
2. The applicant may apply for a new land use permit for a caretaker mobilehome as long as the
mobilehome complies with the caretaker mobilehome criteria as stated in Section 84-68.1804.
3. The applicant shall install fencing on the southern part of the property to keep domestic
animals from entering neighboring properties. Prior to granting the occupancy for the
mobilehome, the applicant shall provide evidence to the Zoning Administrator that the
fencing has been installed.
July 17, 2001
Board of Supervisors
File#LP00-2111
Page 3
APPEAL ISSUES
On March 23, 2001, the Community Development Department received an appeal from Seth Adams
of Save Mount Diablo. His appeal letter describes the grounds for the appeal as follows:
1) The approval is based on a lack of environmental analysis. The project was judged categorically
exempt from CEQA but the record does not include analysis and support for this judgment, nor
does it meet the standard for exemption.
2) The mobilehome Land Use Permit application is based on interim agricultural use, but the
discussion at the public hearing was clear in that the purpose of the mobilehome is to house the
applicant while other residences are applied for and constructed.
3) The comment request letter, the application description, the applicant's statement of purpose,
and the applicant's site map all refer to a larger phased project including both the Land Use
Permit for a temporary mobilehome, and two additional residences which might cumulatively
include a much greater level of significance in impacts from grading, conflicts with landslides,
impermeable surfaces and runoff, leach fields, tree removal, visibility, etc. The staff analysis,
however, treats only the mobilehome. CEQA requires that all foreseeable impacts be considered,
even in phased projects.
4) The application also fails to comply with the County's subdivision, Ranchette, or Morgan
Territory area policies.
5) The parcel is within areas designated by the U.S. Fish & Wildlife Service as critical habitat for
the California Red-legged Frog and the Alameda Whipsnake, two federally listed threatened
species, both of which have been confirmed on the Wright property, 1/4 mile way from the subject
site.
6) This application will encourage continued fragmentation of agricultural parcels in the Morgan
Territory area.
7) Development of residences on this property could be very visible. In nearby projects, the county
has placed scenic easements on upper elevations to decrease visual impacts. The commission did
not place conditions on this application to decrease visual impacts.
DISCUSSION OF APPEAL POINTS
1) CEQA Analysis:
The appellant is correct in saying that the applicant has stated on the application that he intends
to build a main residence and eventually a second residence, and replace the temporary
mobilehome for interim agricultural use for a caretaker mobilehome. However, the timing,
location, size, design and height of the future structures are uncertain at this time.
July 17, 2001
Board of Supervisors
File#LP00-2111
Page 4
The State CEQA Guidelines require that an agency must use its best effort to predict impacts but
does not require the.agency to predict the unforeseeable. Section 15145 of the CEQA Guidelines
states the following: If, after thorough investigation, a lead agency fends that a particular impact
is too speculative for evaluation, the agency should note its conclusion and terminate discussion
of the impact.
The applicant has indicated on the site plan, the location of the subject mobilehome and 2
additional building sites on the property. It should be noted that the pads were placed on the site
by the previous property owner. The applicant has not indicated what buildings are proposed for
the padded areas (i.e., main residence, second residence, caretaker mobilehome). The applicant
has not submitted as part of this application, floor plans, elevations, or exact location of any
future structure besides the proposed temporary agricultural mobilehome. The applicant will be
required to apply and obtain approval of a Land Use Permit before he decides to construct a
second residence and a caretaker mobilehome.
The impact of any future development on site is too speculative to evaluate at this time. Hence,
staff recommends the Board adopt the CEQA Categorical Exemption, Section 15303, Class 3. In
response to the appeal issue, staff recommends condition #3 to be deleted and the following
conditions be added for clarification:
• The proposed mobilehome shall be removed at the end of five years or upon the construction
of a main residence on the property, whichever occurs first.
• The applicant may apply for a new land use penn.it for a caretaker mobi.lehonae as long as the
mobilehome complies with the caretaker mobilehome criteria as.stated in Section 84-68.1804.
• The applicant shall in..stall fencing on the southern part of the property to keep domestic
animals from entering neighboring properties. Prior to granting the occupancy for the
mobilehome, the applicant shall provide evidence to the Zoning Administrator that the fencing
has been installed.
2) Intent of the mobilehome:
Section 84-68.2006 of the Zoning Code allows the establishment of a mobilehome as housing
upon approval of a land use permit, on a parcel containing at least ten acres for a period not
exceeding five years and where the Zoning Administrator has determined that the following
criteria are satisfied.
(1) No other adequate residential housing exists on the involved parcel.
There is no available housing in the property.
(2) There is a need for the on-site mobilehome to assist the agricultural use of the involved
parcel during the interim (but not to exceed five-year)permit period.
July 17, 2001
Board of Supervisors
File#LP00-2111
Page 5
The subject property is not yet used for agricultural purpose but the applicant has stated
that he intends soon to (1) plant olive trees which require 3 to 5. years before being
productive (2) keep horses on the property and (3) other grazing animals to control grass
and weeds to avoid fire hazard to the site and to Mount Diablo. The use of the
mobilehome will not exceed five years.
(3) The term of any approved permit shall not exceed five years and shall be set at the
discretion of the zoning administrator. No permit extensions are allowed.
Even though staff has mentioned that the mobilehome will not be used for a period
exceeding five years, staff is adding a condition of approval that specifies that the
mobilehome be removed at the end of five years or upon the construction of the main
residence, whichever occurs first.
(4) The square feet of the mobilehome's floor area shall not exceed two thousand square feet
and shall be as set at the discretion of the zoning Administrator.
The proposed mobilehome will not exceed 1,440 square feet.
(5) The.mobilehome shall not be installed on a permanent foundation system.
The mobilehome will not be installed on a permanent foundation.
(6) Conditions of the health office are satisfied regarding water supply, sewage and refuse
collection.
The subject property is served by the Contra Costa County Water District and
the applicant will be required to provide evidence that the above conditions have been
met prior to the issuance of a building permit.
(7) That upon expiration of the permit's term, the use of the mobilehome for human
habitation, living or sleeping purposes shall immediately cease and it shall be removed
from the parcel except for any storage allowed in Section 84-68.1404.
The mobilehome must be removed at the end of five years or at the time the main house
is established.
(8) Other land use permit conditions determined appropriate by the Zoning Administrator
will be complied with.
The mobilehome will not be established prior to the approval of this land use and the
applicant is aware of the required criteria and recommended conditions.
July 17, 2001
Board of Supervisors
File#LP00-2111
Page 6
3) Cumulative Impacts:
The Rural Residential Policy of the Conservation Element of the County General Plan requires
site plans to show the location of a proposed dwelling site, leach field site, anticipated well site,
and driveway access. The Tree Protection and Preservation Ordinance, requires the location of
trees within 40 feet from where the ground is proposed to be disturbed to be shown on the site
plan. The submitted site plans shows additional buildings pads, which have already been graded.
Those pads were graded by the previous property owner. There are no trees within 40 feet of the
proposed temporary interim agricultural mobilehome nor within the additional building pads;
however, it is speculative to analyze any of the impacts of these residences at this time since the
design, size, and location of the houses are not available.
4) Compliance with County Policies:
The County General Plan Conservation Element, Morgan Territory and Ranchettte Policy,
which were designed especially for subdivision of land, have been applied to this land use
proposal in the following manner:
Drinking: The Rural Residential Development, policy 8-w (4), (page 8-42) of the County
Conservation Element states that each parcel must have an "on site"producing water well. A
memorandum dated January 18, 2001 was received from the Contra Costa Water District, which
indicated that the project is within the existing Contra Costa Water District.
Provision of septic system: Policy 8-w (7, page 8-34) of the County General Plan Conservation
Element, states that a property must be suitable for septic tank use according to the County
Ordinance Code criteria and Health Services Department Regulations. The applicant is proposing
two optional sites for the future septic system. Contra Costa County Health Services Department-
Environmental Health Division provided no comments on this application.
Provision of fencing: Policy 8-al (page 8-45) of the County General Plan Conservation Element,
requests that fencing be provided on properties in order to contain grazing animals and to keep
domestic dogs out of grazing areas. The subject site is not used for grazing; however, according
to the applicant, grazing activity is found along the west side of their property. Additionally, the
subject property is already fenced with the exception of its southern side. The applicant is aware
of the fencing requirement and is willing to work with the adjacent neighbor to provide fencing
along the southern side of the property.
Provision of access: Policy 8-w (6) (page 8-43) of the General Plan Conservation Element states
that road, street and access requirements, including right-of-way acquision and/or dedications,
will be subject to the Department of Public Works recommendations. This proposal was
submitted to both Fire Protection District and to Public Works Department. The subject site
already has three existing roads and no right-of-way acquisition was imposed by Public Works
Department. The applicant has previously contacted both Departments to discuss this project and
has submitted a written statement indicating that he feels confident he will be able to meet all the
July 17, 2001
Board of Supervisors
File #LP00-2111
Page 7
requirement of the Consolidated Fire District (see attached Public Works Department conditions
of 2 and Fire Protection District conditions on page 4).
Before scheduling this project for the public hearing, staff consulted all the interested agencies
on this project and ensured that the applicant would be able to comply with the agency
requirements and recommendations. Staff has included on "advisory notes" on page No. 4
(under the Findings and Conditions of Approval section) that the applicant should comply with
the requirements of all of the agencies. The applicant will have to provide evidence before
obtaining a building permit, that all of the above mentioned agencies recommendations are
satisfied.
5) Federally listed Threatened Species:
Staff has contacted LSA Associates to confirm the specific report on the Alameda Whipsnake on
the Wright property '/a mile away from the subject property. Staff was informed by Malcolm
Sproul of LSA Associates that the presence of the Alameda Whipsnake was not confirmed
through an official report but rather through on site observation.
A letter dated January 18, 2001 was received from the. Contra Costa Water District, which
indicates that there are no occurrences recorded for listed species at the project site, or within its
immediate vicinity. Based on review of the Contra Costa County Interim Service Area map for
listing of federally endangered species, staff has concluded that both the Alameda whipsnake and
the California red-legged occurrence are about 4 miles away from the subject site.
6) Fragmentation of Land:
Policy for the Morgan Territory Area 3-108, page 3-57 of the County General Plan Land Use
Element, states the following: The restriction on further fragrnentation of parcels is crucial to
this plan.. A rezoning studv should be initiated on this planning area to apply new, more stringent
zoning categories. The existing zoning is A-2, General Agricultural, which allows a minimum of
5 acres per property. The existing site is 28.7 acres. The issue of defragmentation is irrelevant to
this application since the applicant is not proposing any subdivision of land.
7) Visual Impacts:
Staff has determined that this issue is not relevant to the proposed temporary mobilehome. The
site already has a horse-riding trail, which provides access to Mount Diablo State Park. When
the applicant submits future plans for new construction on the site, staff will evaluate its impact
on the surrounding neighborhood. It is speculative to evaluate the environmental impact on a
large parcel such as the subject property without the exact size, height, and location of proposed
structures.
RESOLUTION NO. 9-2001
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING
FINDINGS AND RECOMMENDATIONS OF THE REQUESTED LAND USE
PERMIT FOR A TEMPORARY MOBILEHOME FOR INTERIM
AGRICULTURAL USE BY E & B FARMS (APPLICANT/OWNER) (LP00-2111)
IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE
ZONING FOR THE CLAYTON AREA OF SAID COUNTY.
WHEREAS, a request by E&B Farms (Applicant/Owner) for a land use permit
approval to allow a 1,440 sq. ft. temporary mobilehome for interim agricultural use in the
Clayton area was received by the Community Development Department on December 14,
2000; and
WHEREAS, for purposes of compliance with the provisions of the California
Environmental Quality Act and the State and County CEQA Guidelines, the project was
determined to be Categorically Exempt from the requirements of the California
Environmental Quality Act (Class 3); and
WHEREAS, after notice having been lawfully given, a public hearing was
scheduled before the County Planning Commission on Tuesday March 13, 2001, whereat
all persons interested therein might appear and be heard; and
WHEREAS, on Tuesday, March 13, 2001, the County Planning Commission
having fully reviewed, considered and evaluated all the testimony and evidence submitted
in this matter;
NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission:
1. FINDS that the proposed Categorical Exemption is adequate for the purposes of
compliance with the California Environmental Quality Act and adopts the same;
2. RECOMMENDS to the Board of Supervisors the APPROVAL of the land use
permit request of E&B Farms (Applicant/Owner), to allow a temporary
mobilehome for interim agricultural use;
BE IT FURTHER RESOLVED that the reasons for this recommendation are as
follows:
Land Use Findings:
The use is in compliance with Section 84-68.2006 (Interim Agricultural Use). The
following required findings have also been satisfied as provided by County Code Section
82-24.1002 (Land Use Permit).
A. The proposed conditional land use shall not be detrimental to the health,
safety and general welfare of the County.
This is a land use permit approval to allow a temporarily mobilehome for
interim agricultural use to be used as a residence while the owner provides
agricultural care of the property. Additionally, the applicant will be
required to provide evidence that requirements of the Consolidated Fire
District, Contra Costa Water District, and Health Services Department are
met prior to obtaining a building permit for the mobilehome. This land
use shall not be in any way detrimental to the health, safety, and welfare of
the County
B. The proposed conditional land use shall not adversely affect the orderly
development of the property within the County.
The proposed mobilehome is conditionally allowed under the Zoning
Code Section 84-68.2006 after the submittal and approval of a land use
permit. The applicant will have to remove the mobilehome in the end of
five years or when a main residence has been established, whichever
occurs first. The project as conditioned should not adversely affect the
orderly development of the property within the County.
C. That it shall not adversely affect the preservation of the property values
and protection of the tax base within the County.
The proposed land use is a use conditionally allowed under A-2 General
Agricultural. A land use for a mobilehome is a use enjoyed by other
neighbors within the.vicinity. The proposed project is a temporary use
and as conditioned will not adversely affect the preservation of the
property values and protection of the tax base within the County.
D. That it shall not adversely affect the policy and goals as set by the
General Plan.
2
The subject site General Plan designation is Agricultural Lands (AL). The
proposed project as conditioned will not affect any policy or goals as set
by the General Plan. See Page No. 6 (Compliance with County Policies).
E. That it shall not create a nuisance and/or enforcement problem within the
neighborhood or community.
This application was not originated through a code enforcement
complaint. The applicant will be required to install fencing on the property
prior to obtaining the final building inspection of the mobilehome (See
Condition of Approval No. 5, on Page 2). Additionally, staff has added to
the advisory notes that the applicant will have to comply with all of the
requirements of the Contra Costa County Fire District, Contra Costa
County Health Services Department, and Contra Costa County Water
District prior to obtaining a final inspection for the proposed mobilehome.
The proposed project as conditioned will not be a source of nuisance
and/or enforcement problem within the community.
F. That is shall not encourage marginal development within the
neighborhood.
This is a land use permit for a mobilehome. This is a conditionally
allowed use within the A-2, General Agricultural Zoning District. The
proposed mobilehome will be removed in the end of five years or when a
main residence has been established. The proposed project as conditioned
shall not encourage marginal development within the neighborhood.
G. That special conditions or unique characteristics of the subject property
and its location or surroundings are established.
The subject property is a vacant site. The proposed land use for a
temporary mobilehome for interim agricultural use has been proposed
when no other residential unit is found in the property.
3
BE IT FURTHER RESOLVED that the Secretary of this Planning Commission
will sign and attest the certified copy of this resolution and deliver the same to the Board
of Supervisors, all in accordance with the Government Code of the State of California.
The instructions to prepare this resolution was given by motion of the County
Planning Commission on Tuesday, March 13, 2001, by the following vote:
AYES: Clark, Wong, Battaglia, Hanecak, Kimber,Terrell
NOES: None
ABSENT: Gaddis
ABSTAIN: None
Richard Clark,
Chair of the County Planning Commission
County of Contra Costa, State of California
ATTEST:
Dennis M. Barry, Secretary
County of Contra Costa
State of California
4
FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE#LP002111
AS APPROVED BY THE COUNTY PLANNING COMMISSION ON MARCH 13, 2001
WITH PROPOSED MODIFIED CONDITIONS (E & B Farms, Applicant & Owner) IN
THE CLAYTON AREA.
Land Use Findings:
The use is in compliance with Section 84-68.2006 (Interim Agricultural Use). The following
required findings have also been satisfied as provided by County Code Section 82-24.1002
(Land Use Permit).
A. The proposed project will not be detrimental to the health, safety and general
welfare of the County.
B. The proposed project as conditioned will not adversely affect the orderly
development of the property within the County.
C. The proposed project as conditioned will not adversely affect the preservation of
the property values and protection of the tax base within the County.
D. The proposed project will not adversely affect the policy and goals as set by the
General Plan.
E. The proposed project will not create a nuisance and/or enforcement problem
within the neighborhood or community.
F. The proposed project as conditioned will not encourage marginal development
within the neighborhood.
G. That special conditions or unique characteristics of the subject property and its
location or surroundings are established.
Conditions of Approval:
1. Development is approved as shown on plans submitted
with the application, received by the Community Development
Department on December 14, 2000.
2. This permit is granted for an interim agricultural use mobilehome
The mobilehome shall be located on a temporary foundation only.
A concrete perimeter foundation or slab is not permitted.
3. This permit is granted-for five years owl,
The applieant may apply for-a new land use pefmit wit
Community Deyel .. Yent to allow the existing fnebilehofne to he
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3. The proposed mobilehome shall be removed in the end of five.
years or when a main residence has been established in the
property, whichever occurs first.
4. The applicant may apply for a new land use permit for a caretaker
mobilehome as long as the mobilehome complies with the.
caretaker mobilehome criteria as stated in Ordinance Code Section
84-68.1804.
5. Prior to obtaining the building final inspection for the mobilehome;
the applicant shall install fencing on the southern part of the
property to keep domestic animals from entering neighboring
properties..;
6. The applicant shall apply for a building permit for the proposed
mobilehome.
7. The existing trailer/cargo container located within the 60-foot road
shall be removed from the property not later than 30 days after the
granting of final building permit for the proposed mobilehome.
The applicant shall submit evidence to the satisfaction of the
County Zoning Administrator.
8. _ Prior to obtaining a building permit for the proposed mobilehome,
the applicant shall provide evidence to the Zoning Adminsitror that
the pile of used tires located on the site has been removed
9. Both the applicant and the property owner are fully responsible for
County staff costs. Invoice(s) for additional costs beyond the initial
application deposit of $2,033 will be mailed to the applicant and
are due and payable 30-days following the date of the invoice. The
unpaid balance shall be collected prior to issuance of a building
permit or initiation of the use, whichever comes first. The
applicant can obtain the current status of staff cost on this
application from the project planner.
2
PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR
PERMIT LP 00-2111
Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County
Ordinance Code. Any exceptions must be stipulated in these conditions of approval.
Conditions of Approval are based on the plan submitted to Community Development on
December 14, 2000.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE
OF A BUILDING PERMIT AND PRIOR TO INITIATION OF THE USE PROPOSED UNDER
THIS PERMIT.
Area of Benefit Fee Ordinance:
10. Because caretaker mobile homes do not typically add to peak hour
traffic, an exemption from the Bridge/Thoroughfare Fee
Ordinance for the East County Area of Benefit, and Eastern Contra
Costa Subregional Transportation Mitigation Fee Area of Benefit
as adopted by the Board of Supervisors is allowed at this time.
The Area of Benefit fees would become due in the future if the
mobile home is placed on a permanent foundation, or if the use
described under this permit extends beyond 5 years.
ADVISORY NOTES
THE FOLLOWING INFORMATION DOES NOT CONSTITUE CONDITIONS OF
APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL
REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS
PROJECT MAY BE SUBJECT.
A. NOTIFY OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS,
RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE
APPROVAL OF THIS PERMIT.
This notice is intended to advise the applicant that pursuant to Government Code Section
66000,et seq., the applicant has the opportunity to protest fees, dedications, reservations,
and/or exactions required as part of this project approval. The opportunity to protest is
limited to a 90-day period after the project is approved.
The ninety (90) day period in which you may protest the amount of any fee or imposition
of any dedication, reservation, or other exaction required by this approved permit, begins
on the date this permit was approved. To be valid, a protest must be in writing pursuant
to Government Code Section 66020 and delivered to the Community Development
Department within the 90 days of the approval date of this permit.
3
B. Comply with the requirements of the County Building Inspection Department.
C. Comply with the requirements of the Health Services Department-Environmental Health
Division.
D. Comply with the requirements of the CC Water District.
E. Comply with the requirements of the Fish & Game, Region III.
F. Comply with the requirements of the California Department of Forestry.
G. Comply with the requirements of Save Mount Diablo.
H. This project may be subject to the requirements of the Department of Fish and Game. It
is the applicant's responsibility to notify the Department of Fish and 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 and Game Code.
I. This project may be subject to the requirements of the Army Corps of Engineers. It is the
applicant's responsibility to notify the appropriate district of the Corps of Engineers to
determine if a permit is required, and if it can be obtained.
CONDITIONS OF APPROVAL ADMINISTRED BY CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
J. Comply with the following requirements of the Contra Costa County Fire Protection
District:
1. Provide access roadways with all-weather driving surfaces of not less than
16 feet unobstructed width, and not less than 13 feet six inches of vertical
clearance, to within 150 feet of travel distance to all portions of the
exterior walls of every building. Access roads shall not exceed 16%
grade, shall have a minimum outside turning radius of 42 feet, and must be
capable of supporting the imposed loads of fire apparatus i.e., 22 tons
(902.2) UFC.
The applicant shall submit two copies pf the roadway plans for review
prior to obtaining a grading permit.
2. Dead end Fire District access roads in excess of 150 feet long shall be
provided with approval provisions for the turning around Fire District
apparatus. (902.2.2.4) UFC.
3. Access roads shall be installed and in-service prior to construction.
(8704.1) UFC.
4
4. Approved premised identification shall be provided. Such numbers shall
contrast with their background and be readily visible from the street.
5. The developer shall provide roof coverings with a minimum Class C
rating. Untreated wood shake or shingles are not allowed. (1503)T-24,
CCR.
6. The home as proposed shall be protected with an approved automatic fire
sprinkler system. Submit two sets of plans to this office for review and
approval prior to installation. (1003.1) UFC.
5
Walter& Margery Pease
c/o Robert G. Olofson E.S. Bertagnolli Marilyn K. Kittrell
7979 Shay Drive P.O. Box 3 4940 Morgan Territory Rd
Oakland, CA 94605 Clayton, CA 94517 Clayton, CA 94517
Robert G. &Linda J. Rodenburg Richard & Gayle Schwartz John & Jackie Ciapponi
488.5. Morgan Territory Road 4825 Morgan Territory Road P.O. Box 717
Clayton, CA 94517 Clayton, CA 94517 Clayton, CA 94517
Mary C. Smith Michael & Virginia M. Gotfried Seth Adams
4775 Morgan Territory Road 4895 Morgan Territory Road Save Mt. Diablo
Clayton, CA 94517 Clayton, CA 94517 1196 Boulevard Way#10Walnut Creek, CA 94595
David Peterson
McCutchen & Doyle ***INTEROFFICE*** ***INTEROFFICE***
1333 North California Blvd Public Works Public Works
Ste#210 Engineering Services Special Districts
Walnut Creek, CA 94596
x;023/2001 14:19 9259473603 SAVE MT DIABLO
PAGE 01
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Post-it'Fax Note 7671 date 3, pa°ges►
Attn.: Telma Moreira T° '"a (rOt From
CoMept. Co.
Community Development Dept. A-•-t pf=yS 1
Board of Dirrclors Contra Costa County Phone N Phone N �r�i 3s
Malcoltn Sproul 651 Pirie Street Fax x - t Z Fsx tr t
President Martinez, CA 94553
Arthur Bonweit J!•47 10
Vice President
Amara Ko�c.J.D. re: Appeal of Plannin Commission Approval of LP002111
n�
Secrera
Karen Hunt,CFO E&B Farms c/o Ra ert Ennis
T1easurer
Mary L.Bowerman,Ph.D. March 23, 2001
Martin Breen
Paul Choicer Dear Telma,
Donald de Fminery.Ph.D,
Stephen Joseph Save Mount Diablo Appeals the decision of the Contra Costa County Planning
Robert Marx
Steven
Mthtnrart.J.D. Commission� Pprovapproving the E&B Farms Land Use Permit 1,1'002111, to the Board of
Steg
Robert Nunn, Supervisors.
Allan Prager
David 5argcm The grounds for the appeal are:
Staff Brown • The approval is based on a lack of environmental analysis. The project was judged
Ronald B (Jirerrr�r categorically-exempt from CEQA but the record does not include analysis and support
Seth Adams for this judgment,nor does the project meet the standard for exemption. In addition,
Director of Lurid some of the factors which invalidate categorical exemption are listed below.
Progr arw
Lucca Keller •The mobile home LP application is based on interim agricultural use,but the discussion
° ``'rifur,r7.(Nr at the public hearing was clear in that the purpose of the mobile home is to house the
SMD Office applicant while other residences are applied for and constructed.
1196 13oulevard Way#10
Walnut Creek,GA 9459.5 `The comment request letter,the application description, the applicant's statement of
purpose,and the applicant's site map all refer to a larger phased project including both
SblO rtfrtiGn�Address this LP for a temporary mobile home,and two additional residences which might
leo.Bux S:176 cumulatively include a much greater level of significance in impacts from grading,
Wh Inut Creek,CA 94590 conflicts with landslides,impermeable surfaces and runoff,leach fields,tree removal,
Telepheae: visibility,etc. The staff analysis,however,treats only the mobile home. CEQA requires
(925)947.35.15 that all foreseeable impacts be considered,even in phased projects.
Fax:
(1425)947-3601 •The application also fails to comply with the County's subdivision,ranchette, or
-matt: Morgan Territory area policies.
scrvtmrdic4h @ctcrLerrrn
iv°brie: *The parcel is within areas designated by the U.S. Fish& Wildlife Service as critical
u tr w.,cnt r nr++trntrituhlrr.rrr�, habitat for the California red-legged frog and the Alameda whipsnake,two'federally
listed threatened species,both of which have been confirmed nearby.
In particular,the red-legged hog is confirmed in both Cunt creek and Marsh creek,and
this parcel could serve as upland habitat for the frog. Marsh creek flows near the
onr_� R1
2001 14:19 9259473603 SAVE MT DIABLO PAGE 02
2
_.
bottom/road frontage of the parcel,and the frog has been professionally confirmed in the creek both
upstream and downstream,as well as in neighboring watersheds.
The Alameda whipsnalce has been professionally confirmed less than one half mile away,in addition
to many sites at further distance,and it ranges widely. Although the whipsnake is generally thought to
frequent chaparral areas on south facing slopes and in the vicinity of rock outcroppungs or streams,the
snake ranges widely. The nearby confirmation was made by ISA Associates on 4-14-00 on the Wright
property, APN 80-170-018 less than 1/4 mile from Morgan Territory Road,on north facing slopes, in
oak-bay woodland,in the absence of both rock outcroppings and chaparral.
With other applications being considered in the area(such as the Pacini subdivision approva),a
ppropperty one half mile away and draining into Marsh creek,which also has confirmed red-legged frog
but has not yet undergone wildlife regulatory review),impacts on endangered species could be
cumulatively even greater.
•This application will encourage continued fragmentation of agricultural parcels in the Morgan
Territory area.
• Development of residences on this property could be very visible. In nearby projects the county has
placed scenic easements on upper elevations to decrease visual impacts. The Commission did not
place conditions on this application to decrease visual impacts.
The application description,staff analysis and the Conunission approval do not consider the full range
ofpotential impacts based on the applicant's stated intent and does not comply with existing County
policies for subdivision,ranehettes or within the Morgan Territory Area. The Commission's approval
segments CEQA analysis and frustrates careful consideration of the full range of development impacts.
Save Mount Diablo supported denial without prejudice of this permit until the pro)ect description was
clarified and until further information was developed. The Commission also considered continuing the
public hearing and offered that option to the applicant, who rejected the offer.
The $125 Appeal fee is enclosed along with stamped envelopes addressed to property owners within a
300 ft. radius.
Thank you for your consideration..
Seth Adams
Director of Land Programs
:j 'd eft-lo 1 co, re
� 1r-
save MOUNT DIAB L •
Planning Commission
Contra Costa County
Board of Directors 651 Pike Street
Malcolm Sproul Martinez, CA 94553
President
Arthur Bonwell attn: Telma Moreira
Vice President ,
Amara Koss,J.D. re: LP002111
r�
Secvetu ,
Karen Hunt,CFO E&B Farms c/o Robert Ennis
Treasurer
Mary L. Bowerman, Ph.D. March 13, 2001
Martin Breen
Paul Choisser Commissioners,
Ikinald de Fremery, Ph.D.
Stephen Joseph Sorry for the misunderstanding,but the staff report is inaccurate is suggesting that Save
Rbedobcrt Marx
i�ielilm:m,J.D. Mount Diablo doesn't have concerns related to this application; our discussion with staff
h„hert Nunn. was that we needed to reserve comment until we had looked at the application in more
Allah PraLer detail. We generally do not comment on single agricultural units, especially temporary
D;tvid Sargent ones, and the notice for this item suggests that the application is for a land use permit for
Staff temporary mobile home for interim agricultural use.
Ronald Brovvn The comment request letter, however, includes the applicant's discussion of much more
Elecutire Director
Sett,Adams significant development, with the intent of a total of three units including this mobile
Ifirector of Land home and two permanent residences to be applied for concurrently. The site map shows
No."rr„,,., these other uses and includes a variety of references to them, representing significant
I.ttiea Keller environmental impacts ofgradin5for building sites, drivewl�ays, leach fields, etc.
Of.fie manager V.?(�,,.i� of �h l7 FAVI" AV•;"e. Y
Sill/)office The application fails to include detailed information on these other applications, but they
1196 Boulevard way Irl(/ are clearly identified in the Proposal Statement and site map, and must be considered
Walnut Creek,CA 94595 simultaneously. The application also fails to comply with CEQA or the County's
subdivision,ranchette,or Morgan Territory area policies.
.5;111)hlailingAddress
P.O. Box 5376 This is a small parcel in a steep canyon with heavy oak woodland and part of a
Walnut Creek,CA 94596 significant complex of landslides and slumps. The placement of a single house would be
72lephone: problematic in terms of slopes, landslides and tree cutting,let alone development of three
(925)947.3535 units. There is also little justification for an agricultural dwelling on such a small parcel
1:,ff: and there are already significant numbers of rental units in the Curry Creek Trailer Park
(925)947-3603 1/4 mile to the west.
E-mail:
cr,i „ttclirrl,c'uc lir„n, A previous subdivision attempt on this property was abandoned because of these very
lii,b.`ite: difficult geologic conditions and landslides.
rrwrr.s'ut'e'nuuu,Iclinhlo.or�
In addition,under the federal Endangered Species Act this parcel is designated critical
habitat for both the California red-legged frog and the Alameda whipsna.ke. In January
Save Mount Diablo signed an acquisition deal for the Wright property less than 1/2 mile
away, fronting Morgan Territory Road and has confirmed both.species on that property.
Wright Canyon is similar to this parcel,but this parcel is even better whipsnake habitat and their
presence is very likely.
The county and this commission have repeatedly indicated an intention to discourage fragmentation of
lands in Morgan Territory, and approval of this application will instead encourage continued
fragmentation.
In mid 1993 the Kittrells, owners of a property of similar size and adjacent to this one on the east,
applied for a one unit subdivision. This Commission unanimously agreed to a condition for a scenic
easement covering the upper two-thirds of that parcel and prohibiting grading within the easement
area. In October 1993 the Board of Supervisors upheld that approval with the scenic easement
condition.
The two building sites at Kittrell are placed at the lowest point on the parcel, along Morgan Territory
Road. Given the Scenic Easement and adopted mitigations,Save Mount Diablo did not oppose the
unit.
This parcel is more severely constrained than Kittrell and the resource values associated with its stream
and steep canyon are even more important,especially given the high likelihood of significant protected
species. The building sites shown on the application site map would be significantly higher than at
Kittrell. In addition,Supervisor DeSaulnier has recently indicated an interest in tightening building
permit standards around Mt. Diablo.
Most importantly, the application description before you does not agree with the file and records of the
landowner's intent and does not comply with existing County policies for subdivision,ranchettes or
within the Morgan Territory Area. The applicant has clearly indicated an intent to build three units as
a part of this application. Approval of this application would segment CEQA analysis and frustrate
careful consideration of development impacts.
Before proceeding with any approval, the applicant should clarify the project description and the
County should require an initial study,biotic report and geologic studies.
Save Mount Diablo supports denial.without prejudice of this permit until the project description is
clarified and until further information is developed.
Thank you for your consideration.
Seth Adams
Director of Land Programs
Agenda Item #
Community Development Department Contra Costa County
CONTRA COSTA COUNTY PLANNING COMMISSION
Tuesday, March 13, 2001 —7:00 P.M.
I. INTRODUCTION
E & B FARMS (Applicant & Owner), County File#LP0021.11: The applicant is
requesting a land use permit approval to establish a temporary mobilehome for interim
agricultural use. Subject property is a 28.7 acre parcel located 4900 Morgan Territory
Road, in the Clayton area (A-2) (ZA:P20/Q20) (CT 3551.03) (Parcel #080-040-033).
II. RECOMMENDATION
Staff recommends that County Planning Commission approve the land use permit,
subject to the attached conditions.
III. GENERAL INFORMATION
A. General Plan: General Plan designation is Agricultural Lands.
B. Zoning: A-2, General Agricultural/ 5 acres per unit.
C. CEQA Status: Categorical Exemption, Class 3, which allows the location and
construction of small facilities or structures, including single family residences,
where no more than three units are being established.
D. Previous Applications:
MS9-68: Minor Subdivision approved on February 7, 1968 to subdivide
a 268.9 acre parcel into 4 parcels. The subject 28.7 acre parcel is
known as parcel "C" of subdivision MS9-68.
MS84-70: Minor Subdivision approved on September 29, 1970 to subdivide
28 acres into 4 lots.
MS84-72: Minor Subdivision approved in 1972 to subdivide
28 acres into 4 lots. Subdivisions MS84-70 and MS84-72 were not
recorded.
MS6-92: Minor Subdivision to subdivide 28 acres into 4 parcels. This
subdivision was withdrawn October 22, 1992.
S-2
E. Regulatory Programs:
1. Active Fault Zone: Subject site is not within an active fault zone.
2. Redevelopment Area: The site is not in a redevelopment area.
3. Flood Hazard Area: Subject site is in Flood Zone C of minimum flooding,
Panel # 0350B.
4. 60 dBA Noise Control: Subject site is not within a 60 dBA noise control area.
IV. SITE/AREA DESCRIPTION
The subject 28.7-acre parcel is a relatively steep site addressed 4900 Morgan Territory
Road, in the Clayton area. The lot is currently vacant and there are three existing
building pads. There are several trees throughout the property but no tree is within the
existing building pads. The site is surrounded by several large properties of rural
character, zoned A-2 and A-4. There are three unpaved roads in the site. A 60-foot wide
road, which is an easement, shared with an adjacent property, is located along the.east
side of the property. A 10-foot wide road located approximately in the middle of the site
leads to the proposed mobilehome, and the third road, approximately 20-foot wide,
curves towards the west side of the property. During the site visit, the applicant informed
staff that the existing pile of used tires was left on the property by the previously owner,
and he is intending to remove them from the site. Staff also noticed that a storage
container exceeding 600 sq. ft. was located in the site. The applicant informed that the
container was a temporary storage for their furniture and other domestic items,'.;Staff is
recommending that the subject storage be removed from the site not later than 30 days
after granting of the building final inspection for the proposed mobilehome.
V. PROPOSED PROJECT
The applicant is proposing to obtain a land use approval for the establishment of a
temporary interim agricultural use mobilehome. Even though the subject property is
not currently used as agricultural, the applicant mentioned that part of the property
would eventually be used as agricultural. The applicant is proposing to use the
mobilehome as temporary residence until the main residence is built. The applicant is
also intending to build a second residence and convert the proposed interim agricultural
mobilehome as a caretaker mobilehome.
Section 84-68.2006 pertaining to interim agricultural use mobilehomes, states that a
permit to allow an interim agricultural use mobilehome may be located for a period not to
exceed five (5) years. The applicant is intending to build the main residence within the
next two years. The applicant has not yet submitted the plans for the proposed future
residences, and is aware that the second residence requires review and approval by the
Community Development Department.
S-3
VI. AGENCY
A. Historical Resources Information System: An archeological report dated February
12,. 2001, prepared by Holman & Associates, was submitted to the Community
Development and it states that no evidence of cultural resources was discovered either
during the archival research or the field inspection.
B. Save Mount Diablo: Staff was informed by Seth Adams of Save Mount Diablo, that
he has no concerns regarding the subject project at this time.
C. US Department of Interior, Fish and Wildlife Service: Memorandum dated January
29, 2001 does not indicate any list of endangered of threatened species within the
subject site.
D. Sheriff's Office, Administration & Community Services: Memorandum dated
January 25, 2001 stated that they have no recommendations regarding this project.
E. Contra Costa Water: Memorandum dated January 18, 20001 states that the project is
within the existing Contra Costa Water District. Also, it indicates that according to
the Interim Service Area Map (June 2000) there were no occurrences recorded for
listed species at the project site or within its immediate vicinity.
F. City of Cla on: Memorandum dated December 22, 2000 indicates that they have no
comments on this application.
G. Building Inspection, Property Conservation Division: Memorandum dated January
10, 2001, indicates that the applicant/owner should provide three copies of building
plans, acquired permit form Community Development, electrical_permit in
accordance with 1996 NEC, two copies of state approved engineering footing system,
and sanitary approval from Health Department.
H. Contra Costa County Fire Protection District: A revised memorandum dated
February 23, 2001 was received which lists a number of conditions that are required
prior to the installation of the proposed mobilehome. See attached conditions on
page#4 of the advisory notes. The applicant has contacted the Fire Protection
District and stated that he is confident that all required conditions can be
acomplished.
No comments were received from the following agencies:
Health Services Department-Environmental Health Division
Building Inspection
California Department of Forestry
Mount Diablo Unified School District
S-4
VII. PUBLIC COMMENTS
No public comments have been received to date regarding this project
VIII. 'STAFF DISCUSSION/ANALYSES
A. Appropriateness of Use: The approval of a temporary interim agricultural
mobilehome is an appropriate land use for the A-2 zoning district.
B. General Plan/Zoning Compliance: The proposed project is consistent with the
Agricultural Lands (AL) and A-2, General Agricultural Zoning District. Staff has
determined that this project meets the intent of Section 84-68.2006 of the County
Zoning Ordinance (Interim Agricultural Use). The use of such mobilehomes are
allowed use in the A-2 zoning provided that it is placed on a temporary
foundation, and it does not exceed 2000 sq. ft., and no other residence exists in
the property.
C. Drainage/Road Improvements: Public Works Department submitted the
following comments:
"This permit request is to allow a temporary mobile home on this existing
agricultural parcel. The applicant proposes to build two future homes on the
parcel and use the temporary mobile home as a "caretaker mobile home".
Because such residences do not typically create peak hour trips,this residence is
not subject to AOB or ECC fees. This exemption from the fee will apply only as
long as the use continues as approved. if the mobile home is ever placed on a
permanent foundation or leased as a residence, full fees will be due at that time.
One concern for a project of this nature is that the site drainage pattern be
maintained. The location of the proposed mobile home appears to be located
above a drainage course, and could altar the existing drainage pattern."
The applicant has contacted Public Works and indicated that the he is intending to
enhance the drainage pattern of the site.
D. Environmental Issues: This project is exempt from California Environmental
Quality Act- Class 3.
IX. CONCLUSION
Staff recommends approval of the land use permit LP002111 for an interim agricultural
mobilehome with the attached findings and conditions of approval.
J 01
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FROM : M.Ennis PHONE NO. 9256865670 Feb. 27 2001 10:13AM
E & B Farms • 4900 Morgan Territory Road • Clayton, CA 94517
February 26, 2001
Contra Costa County-
Community Development Department
Current Planning
651 Pine Street
2nd Floor North Wing
Martinez, CA 94553-0095
Attention: Telma Moreira
Subject: LP-002111
4900 Morgan Territory Road
Clayton ;
Telma:
Please be advised that we have reviewed the codes and conditions of
approval as required by the Contra Costa County Fire Protection District per
the letter dated February 22, 2001 from Fire Inspector Richard S Ryan. I'm
confident that we can fulfill these requirements.
T o
Rib s '�
General Partner E&B Farms
.
Project Representation&Ivlonihn
Boundary&Topographic Sun
0 0 a g � � Realtor Advisory Ser\
Aerial Control Sun
n11 LAND SURVEYING Construction Sun
Tentative M
411 Russell Avenue,Santa Rosa,California 95403 Parcel&Final N,:
Tel(707)528-7649 Fax(707)571-5541 A.L.T.A.Sun
Court Exhi
CIS,
C11
LAND USE PERMIT
PROPOSAL STATEMENT
FOR THE LANDS OF
E& B FARMS
4900 Morgan Territory Road
Clayton, California 94517
APN 080-040-033
Doc. # 2000-0183269
Official Records, Contra Costa County
This application is being made to accommodate a phased agricultural/detached single-family
dwellings improvement of the above referenced property as follows:
The owners wish to place a mobile home on the site as a temporary residence while developing
locations of two permanent residences in which case the mobile home will become a third unit
for living accommodations for agricultural workers as temporary housing purposes.
Several meetings with the Planning Department indicate a modification to the Land Use Permit
will be required.
The first phase of this project is to concurrently apply for the required building permits and Land
Use Permit and place the mobile home after improvements have been made and begin
development of the two permanent residences at the same time as one project.
A modification to the Land Use Permit will be sought to make the first completed permanent
residence the primary unit, the second permanent residence the second unit and the mobile home
will become a third unit for living accommodations for agricultural workers as temporary
housing purposes.
3 02/12/2001 14:44 4152826239 HOLMAN AND ASSOCIATE PA133E 01/02
�. '. r&
JASSOCIATES
AucbaeoLogicaL Consultants
SINCE THE DEOINNINQ"
3c'a 1S FOLSOM 5T. SAN FRANCISCO,
CALIFORNIA 94110 41S/5SO-2,2gd
Dave Burnham
E&B Farms
4900 Morgan Territory Road
Clayton, CA 9451 i February 12; 2001
Dear Mr. Burnham,
RE: ARCHAEOLOGICAL FIELD INSPECTION OF THE E&B 1RARNIS PROPERTY, (APN-
080-040-033),4900 MORGAN TERRITORY ROAD,CONTRA COSTA COUNTY,
CALIF OR.NIA
At your request I have completed ars archaeological field inspection of the above
referenced project area located on Rlorgan Territory Road near its intersection with Levis Drive
on the east slope of Mt. Diablo, Contra Costa County, California. No evidence of cultural o
resources was discovered either during the archival research or the field inspection. This report
contains a summary of my findings to date,
PROJECT DESCRIPTION
The proposed project area consists of an approximateiv triangular shapedparcel bf.land
located on the west side of Morgan Territory Road near A5 intersection,"ith Leon Lane on.the
eastern slope of Mt. Diablo. Located on the Antioch South and Tassajara li.S.G.S. maps of the
area,the property is defined by open hillsides on its westem,northern and southeastern borders.
Comprised of mostly steeply sloping hillsides,the property at present is covered by a dense layer
of native and imported grasses and supports sparse stands of glue and white oar trees. access to
the property is through a gate located along Morgan Territory Road which runs adjacent to a
seasonal drainage which separates the property from an adjacent developed parcel at its
northeastern corner.
ARCHIVAL RESEARCH d
a
initial archival research for this project was done b-,-the Nortbwest lnforrriation Center
(file no. 01-CC-01) located at Sonome State University. Based upon an inspection of their maps,
a recommendation was made to conduct an archaeological fielc inspection of the property due to
its potential for containing unrecorded archaeological sites.
Additional archival research conducted by this author utilizing the -files of Holman&
Associates reveals that there ary n o recorded sites inside the project parcel, but there is one site
I
02/12/2001 14:44 41523826239 HOLMAN AND ASSOCIATE PAS 02/02
i
r
(Cco-591) recorded to the northeast of it oil the eastern side of Nforgar.Territory Road. A
recommendation foz a;:field inspection was made in part upon the presence of a seasonal drainage
on the project area,and partly upon its proxinuty to recorded archaeological sites; there are
several additional prehistoric sites recorded within a mile of it along the drainage which parallels
Morgan Territory Road:.
DESCRIPTION OF FIELD INSPECTION
A visual inspection of the project area was conducted by this author during the second
week of February, 2001_ Utilizing a topographic map of the project area showing the location of
temporary housing,the future access road, the ultimate building site and a leach field, a visual
inspection was made of the general area where these improvements will occur_ Additionally the
drainage found at the northeastern edge of the property was vixen additional inspection in an
attempt to locate possible aboriginal use or tillage sites.
The entire project area is covered with an at`drnes dense covering of grasses and contains
sparse stands of oak trees with little exposed bedrock_ The ground surface inside and adjacent to
those areas of planned improvements(.main house site,temporary mobile home site, leach field
and access roads) was inspected.for any indications of aboriginal use and/or occupation. Given
the slope of the property, aboriginal use would have been limited to temporary carup sites and
areas utilized for the gathering or processing of grass seeds or acora.s.Visiblee signs of such use
would include darker than surrounidiurg soils, concentrations of bone or stone, evidence of fue
(ash, charcoal, fire altered rock), and artifacts of stare, bone or shellfish.
PIN DIN GS/1ECOMMtNi DATIONTS
In conclusion,no evidence of archaeological materai, Elither historic or prehistoric, wss
seen anywhere inside the project parcel where improvements will occur, or M the general vicinity
of these improvements. It is the opinion of this vv-niter that the proposed project can go forward
with no effect to cultural resources.No additional reca r me.ndations regarding subsurface testing
and/or monitoring of construction activities to search for such resources are included in this
report.
elv.
Miley Paul Holman
Holman& Associa:e.s
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