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HomeMy WebLinkAboutMINUTES - 07122011 - D.2RECOMMENDATION(S): A. OPEN the public hearing and receive testimony. B. CLOSE the public hearing. C. FIND that the project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Section 15302. D. ACCEPT Staff's recommendation to modify the restricted development area and scenic easement required by Condition of Approval #5 of County File #SD7171. FISCAL IMPACT: There is no fiscal impact. The applicant has paid fees to process this application and is obligated to pay supplemental fees for staff time and material costs, which exceed 100% of the initial fee deposit. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/12/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jennifer Cruz, (925) 335-1213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 12, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 2 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:July 12, 2011 Contra Costa County Subject:A request to modify the restricted development area and scenic easement required by Condition of Approval #5 of Subdivision 7171 (File #ZI09-12651). BACKGROUND: The subject property is Lot 4 of Subdivision 7171, recorded in 1992. The property is a 1.401-acre parcel, approximately half of which is sloped upward and heavily covered by trees. Approximately 0.924 acres of the property is encumbered by a restricted development area and scenic easement (RDA/SE), as required by Condition of Approval #5 of Subdivision 7171. The zoning of the property is R-20, Single-Family Residential District and the site has General Plan land use designations of Open Space (OS) and Single-Family Residential-Low Density (SL). A tiered block retaining wall was constructed on the property in 2006 to retain the hillside. The tiered block wall was approximately 3 to 6 feet away from the residence. Due to the retaining wall's poor construction, it started to fail causing concern for the general welfare and safety of the property owners. To assist the property owners, Staff approved a new 24-foot tall retaining wall that encroaches into the RDA/SE and the secondary front yard, side yard, and aggregate side yard setbacks. The wall, which was constructed in 2009, starts on the western property line and runs across the property, ending 12 feet from the eastern property line. The wall is approximately 13 feet to 15 feet from the rear of the residence. The wall is a soil nail type design with a shotcrete face. The soil nails drilled into the hillside range in length from 15 feet to 25 feet. A V-ditch is located behind the wall to collect and convey runoff. Removal of trees and work within the drip lines of code-protected trees were also approved as part of the project. Condition of Approval #5 of Subdivision 7171 states that only open-wire fencing may be constructed within the scenic easement. In order to comply with the condition of approval, the applicant is requesting approval of a modification to the boundary of the RDA/SE so that the wall would be located entirely outside of the encumbered area. The proposed new boundary, which is illustrated in Exhibit C, varies in distance of approximately 15 feet to 30 feet away from the existing boundary. Relocating the boundary as proposed by the applicant would reduce the RDS/SE by approximately 6,882 square feet. Staff's Analysis/Proposal The applicant's proposal to relocate the RDA/SE boundary approximately 15 feet to 24 feet away from the retaining wall was drawn arbitrarily. Compliance with Condition of Approval #5 could be achieved by relocating the boundary to the edge of the V-ditch and/or retaining wall. However, in order to fully preserve the intent and purpose of the RDA/SE, the applicant should dedicate development rights over a portion of Lot 4 that is currently unencumbered so that the size of the RDA/SE is not reduced significantly. This can be accomplished by dedicating areas on the western and eastern portions of the property, as shown in Exhibit B. Conclusion A portion of the property is a hillside that requires support by a retaining wall. The original retaining wall failed, causing concern of damage to the property, including the existing residence. As a result, a new 24-foot tall retaining wall was constructed that encroaches into the RDA/SE and several required setbacks. The applicant proposes relocation of the RDA/SE boundary so that the new retaining wall would be entirely outside of the RDA/SE. Staff's proposal accomplishes the same without significantly reducing the size of the RDA/SE. Staff therefore recommends that the Board of Supervisors adopt a motion to relocate the boundary of the RDA/SE on Lot 4 of Subdivision 7171 as shown in Exhibit B, relinquish the development rights currently held by the County over the portion of the RDA/SE that is between the existing and proposed RDA/SE boundary lines, and indicate an intent to accept a grant deed of development rights over the area labeled in Exhibit B as "Proposed Scenic Easement Transfer Area." CONSEQUENCE OF NEGATIVE ACTION: If the scenic easement boundary is not modified, then the new retaining wall will remain within the scenic easement, which is contrary to the requirements of Condition of Approval #5 of Subdivision 7171. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM CLOSED the public hearing; FOUND the project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Section 15302; ACCEPTED Staff's recommendation to modify the restricted development area and scenic easement required by Condition of Approval #5 of County File #SD7171. ATTACHMENTS Exhibit A- Findings and Conditions of Approval Exhibit B - Staff's Proposal Exhibit C - Applicant's Proposal Exhibit D - Maps Exhibit E - Plans Exhibit F - Photographs Exhibit G - COA #5 of Subdivision 7171