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HomeMy WebLinkAboutMINUTES - 08011989 - T.4 TO: �' ' vvAitD OF SUPERVISORS T. 4 FROM: ' Harvey E. Bragdon Cb ltra Director of Community Development Costa V DATE: July 10, 1989 ^`,"." "rW SUBJECT: Alamo Improvement Association' s appeal of the San Ramon Valley Regional Planning Commission approval of Subdivision 7099 (Thayer & Holt, Applicants - Overholtzer, Anderon & Brown, Owners) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) i BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation as adequate. 2. Deny the appeal of Alamo Improvement Association and sustain the approval decision by the San Ramon Valley Regional Planning Commission with attached Conditions of Approval. 3. Adopt the findings contained in the resolution from the San Ramon Valley Regional Planning Commission as the basis for the Board' s approval decision. BACKGROUND/JUSTIFICATION FOR ACTION This matter was considered by the San Ramon Valley Regional Planning Commission on June 21, 1989. After conducting a hearing, the Commission voted 6-1 (Ruch dissenting) to approve the project as proposed. On June 26, 1989, the Alamo Improvement Association appealed thea. Commission's decision. The group has concerns with possible downstream drainage impacts of the project. The Alamo Improvement Association also wishes to restrict residential development to one-story in height. Area Drainage Plans The County program for providing drainage improvements in the Ersilia Trail/Jennifer Lane area is reviewed in the Negative Declaration attached to the Planning Commission staff report. This area does have an acknowledged drainage problem. Property owners have generally resisted solving the problem by formation of an Assessment District. Nonetheless, improvements are being installed incrementally through the development approval process that will ultimately lead to completion of the system. The Negative Declaration for this project detailed drainage mitigations that were incorporated into the conditions of approval for the subdivision and agreed to by the applicant. These drainage mitigations include the following: 1. The installation of approximately 1,000 feet of storm drain from the site to Miranda Creek which will alleviate an existing drainage problem in that portion of the watershed (Condition of Approval 9.A.3. ) 2. Modification, as necessary, of the culvert at the Ersilia Trail crossing of Miranda Creek to ensure its adequacy which in turn will improve the capacity of Miranda Creek (Condition of Approval 9.E.3. ) 3. Excavating channel material from San Ramon Creek and Miranda Creek, in accordance with Board policy, which will further improve the capacity of Miranda Creek as well as San Ramon Creek (Condition of approval 9.E.1. and 2. ) Community Development and Public Works Department staff will make a more complete presentation of the status of area drainage improvements at the Board's hearing. Al 1. . Limitation of Number of Stories The issue on an added limitation, to the number of stories on residential development was considered by the Planning Commission (see Commission staff report) . The Commission felt that establishing a one-story limit for the subject project would be unreasonable given the ability of all other nearby properties to build two and a half story residences without restriction. Nevertheless, the Commission elected to apply a two-story and 30 foot maximum height limit (Condition of Approval #3) . The conditions also provide for planting of trees along the eastern property line to help mitigate any visual impact of development (Condition of Approval #9) . No new information has been submitted on this matter that was not available to the Commission. Therefore, the Commission's restrictions on the number of allowed stories should be sustained. Conclusion Based upon the foregoing review, staff finds that the issues and concerns that have been raised in the appeal are identical to those previously addressed by the Commission. Staff therefore recommends that the Commission's approval be sustained and that the appeal be denied. OONTINUED ON ATTACH11ENT: X YES SIGMA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAZOR OF COMMTTEF APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON A„g„g+ i i g R n APPROVED AS RECOMMENDED X OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of Alamo Improvement Association from the decision of the San Ramon Valley Regional Planning Commission approving with conditions a request by Thayer and Holt, Inc. (applicants) and Overholtzer, Anderson and Brown (owners) for a tentative subdivision map approval to divide four acres into six lots (Subdivision 7099) located at #154 and #170 Ersilia Trail in the Alamo area. Jean Mesick, Community Development Department, presented the staff report on the appeal before the Board, describing the proposed site, commenting on the General Plan designation, concerns expressed before the Planning Commission relative to drainage and height restrictions, the addition of a condition for landscaping along the eastern boundary, and Planning Commission opposition to a height restriction condition. She commented on the staff recommendation that the Board accept the environmental documentation as being adequate, that the Board deny the appeal of the Alamo Improvement Association and sustain the approval of the San Ramon Valley Regional Planning Commission and adopt the findings that were adopted by the Planning Commission. Milt Kubicek, Public Works Department, commented on maps of the area he had prepared, described drainage problems, collect and convey requirements, Miranda Creek, and mitigations by this development of its hydraulic impact. Jeff Thayer, 5 Crow Canyon Court, San Ramon, Thayer and Holt, Inc. , applicant, commented on the history of the subdivision request and the concerns of the Alamo Improvement Association,visual impacts, landscape barriers, and mitigation measures being taken by the subdivision. 2. .1 Ric Outman, 191 Easy Street, Alamo, presented letters from Mr. S.E. Anderson, P.O. Box 842, Alamo, commented on issues including visual impacts of the proposed subdivision, drainage, flooding, maintenance of the drainage ditch, and he requested further information about the development of the drainage and how that will impact the neighbors, whether it will be an open drain or a closed drain system. Robert P. Elliott, 137 Romero Circle, Alamo, Alamo Improvement Association, spoke on areas of concern including drainage, collect and convey, and visual impacts and configurations of the lots. He spoke in favor of a five lot subdivision and single story homes. Mclean Qutami, 2853 Miranda Avenue, Alamo, spoke on the subdivision of various lots, and he requested the Board of Supervisors visit the site to see the visual impacts of the proposed subdivision on the neighborhood. He requested the elimination of lot six, the widening of lot 4 and having single story homes built on the lots. Dianne Mayer, 220 Ersilia Trail, Alamo, addressed concerns including drainage, the condition of the road, traffic improvements and the size of the homes and variances that are requested. She presented pictures of the area to the Board and requested that the pictures be returned to her at the close of the hearing. Jeff Thayer spoke in rebuttal. The public hearing was closed. The Board discussed with staff the issues of the maintenance of the drainage ditch and the adequacy of the capacity of Miranda Creek. Supervisor Schroder commented that the development is in accordance with the General Plan, that there is a Planning Commission recommendation, a staff recommendation and an assurance from Mr. Kubicek that this will enhance the drainage concern and be part of the total plan adopted some years ago, that there is a requirement reducing the height of the buildings to thirty feet, that landscaping screening of a portion of the area is required and that there is the assurance from Mr. Kubicek that this will not place an undue burden on the Miranda Creek area until it can be improved, and he moved to adopt the recommendations as presented by staff and deny the appeal and adopt the findings. IT IS BY THE BOARD ORDERED that recommendations 1, 2, and 3 are APPROVED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT V ) 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. CC: Community Development Dept. ATTESTED August 1, 1989 PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS AM COUNTY ADMINISTRATOR Public Works-Tom Dudziak e Assessor By DEPUTY San Ramon Valley Fire Protection Dist. RHD:plp EXHIBIT A CONDITIONS OF APPROVAL FOR SUBDIVISION 7099 1. This application is approved for a maximum of six lots as generally shown on the tentative map/grading plan accompanying the application. 2. The requested variances to the lot dimension requirements are granted as follows: Lot 4 Net area-21,500 sq. ft. Average width-120 feet Lot 6 Average width-100 feet 3. Residential design shall be more restrictive than permitted by the Single Family Residential district. Maximum number of stories shall be limited to two. Maximum building height shall be limited to 30 feet. 4. Comply with the following requirement of the Planning Geologist: Submit a preliminary geotechnical report meeting the requirements of Sub- division ordinance Section 94-4.420 including design-level conclusions and recommendations, prior to recording a Final Map, issuance of Building In- spection Department permits, or installation of improvements. Grading plans and improvement plans shall implement the report recommendations. Record a document to run with deeds to these parcels which identifies the report by title, author firm, and date, and indicates that the report con- tains information for owners and their building and grading contractors. 5. Noise generating construction activities (including any trucks hauling fill material to or from the site) shall be limited to the hours of 7:30 a.m. to 6:00 p.m. (5:00 p.m. , from November l to March 31) , Monday through Friday, and shall be prohibited on State and Federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. I 6. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condi- tion and to locate stationary noise-generating equipment such as air com- pressors and concrete pumpers as far away from existing residences as pos- sible. 7. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site that construction work will commence. The notice shall include a list of •contact persons with name, title, phone number and area of responsibility. The person respsonsible for maintaining the list shall be included. The list shall be kept current at all times in their area of responsibility. The names of individuals responsible for noise and litter control shall be expressly identified in the notice. 2 8. Prior to the installation of the required storm drain to Miranda Creek, the applicant shall inventory all trees along the drain alignment. Trees that cannot be saved shall be identified. The applicant shall offer to replace at no expense to the owner a minimum 15 gallon tree on a one-for-one basis for any trees with trunks in excess of six inches in diameter that must be removed. The replacement tree(s) offered shall be the same or similar species to those removed subject to final review and approval by the Zoning Administrator. 9. To provide the opportunity to screen this project from the view of adjoining properties to the east, the applicant shall comply with the following landscape plan requirements: . A. At least 45 days prior to filing a final map, a tree planting plan for the eastern property line shall be submitted for the review and approval of the Zoning Administrator. The plan shall identify existing trees (types, trunk size, location) on the adjoining properties next to the subject site. The plan shall designate where additional trees could be planted to establish a continuous row of trees along the property line at 10-foot intervals. The total number of added trees shall be identified on each property. The plan shall be accompanied by a list of trees from which homeowners would be able to select to complete the tree planting plan for their respective properties. Listed trees shall include eucalyptus and coastal redwood trees. B. Prior to filing a final map, the applicant shall provide evidence that he has circulated the approved landscape screening plan and tree selection list to the adjoining property owners. The applicant shall offer (without cost) to provide the respective number , of trees identified on the approved plan to each of the adjoining owners. Trees shall be a minimum 15 gallons in size. The applicant shall not be obligated to plant any of the trees required by this condition. 10. Comply with drainage, road improvement, traffic and utility requirements as follows: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance Code includes the following requirements: 1) Constructing a paved turnaround at the end of the proposed pri- vate road as shown on the Tentative Map. 3 2) Undergrounding of all utility distribution facilities. An ex- ception to this requirement is recommended for the existing structures. 3) Conveying all storm waters entering or originating within the subject property to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility. This will require the construction of an adequately sized storm drain (a distance of approximately 1000 feet) from the site to Miranda Creek. Creekbank improvements to Miranda Creek shall be constructed to protect the banks from the concentrated discharge from the stormdrain. 4) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 5) Submitting improvement plans prepared by a registered civil en- gineer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. B. Construct a 20-foot paved private roadway to County private road standards, within a 25 easement, to serve all parcels in this proposed subdivision. C. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Miranda Avenue. D. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or per- manent, road and drainage improvements. If, after good faith negoti- ations, the applicant is unable to acquire necessary rights of way and easements, he shall enter. into an agreement with the County to com- plete the necessary improvements at such time as the County acquires the necessary interests in accordance with Section 66462 and 66462.5 of the Subdivision Map Act. E. Mitigate the impact of the additional storm water run-off from this development on the San Ramon Creek watershed by: 1) Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the de- velopment. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. N 4 2) Removing 1 cubic yard of channel excavation material from the inadequate 'portion of Miranda Creek for each 50 square feet of new impervious surface area created by the development. All ex- cavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. 3) Modify the culvert at the Ersilia Trail crossing of Miranda Creek, as necessary, to insure adequate capacity, subject to the review and approval of the County Public Works Department. F. Install a stop sign (for eastbound traffic) on Bunce Meadows Drive on the westerly side of its intersection with Ersilia Trail and provide associated striping. G. Realign the "S Curve" at the Ersilia Trail crossing of Miranda Creek as directed by the Public Works Department. H. Repair Bunce Meadows Drive from Ersilia Trail to Miranda Avenue as directed by the Public Works Department. I. When the applicant has submitted Improvement Plans he shall provide evidence that he has notified the Alamo Improvement Association and the signers of the May 30, 1989 letter to Mr. Drake signed by Ms. Schneider, et al , that the plans are available at the Engineering Services Division of the Public Works Department at #255 Glacier Drive, Martinez, California (contact person: Stan Matsumota, 646-4470, extension 342) . ADVISORY A. This development will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors. B. Upon written request, the applicant may make a cash payment in lieu of ac- tual excavation and removal of material from the Creeks. The cash payment will be calculated at the rate of $0.10 per square foot of new impervious surface area created by the development. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. The Flood Control District will use these funds to work on the Creeks annually. 5 C. 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, Yountvilie, California 94599, of any .proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate dis- trict of the Corps of Engineers to determine if a permit is required and if it can be obtained. D. Certain improvements required by the Conditions of Approval for this de- velopment or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against required fees or payments. The developer should contact the Public Works Department to personally determine the ex- tent of any credit or' reimbursement for which he might be eligible. BD/GA/df subl3:sub7099c.bd 6/14/89 Revised 6/21/89