HomeMy WebLinkAboutMINUTES - 06042013 - SD.6RECOMMENDATION(S):
1. OPEN the public hearing and accept testimony.
2.CLOSE the hearing.
3. FIND the proposed project to be exempt from environmental review under the California Environmental Quality
Act [Class 3 Categorical Exemption, Section 15303(e) - Accessory Structures].
4. APPROVE the proposed construction of retaining walls and other improvements within a scenic easement where
the development rights have been grant deeded to the County.
FISCAL IMPACT:
None. Applicant responsible for processing fees.
BACKGROUND:
Proposed Project
The applicant/owner proposes construction of the following improvements for the purpose of repairing three
landslides that have developed on the subject property:
- One 30-foot-long retaining wall approximately five feet tall (shown on the site plan at "Repair Area 1").
- Two 15-foot-long retaining walls, each approximately six feet tall, which would abut one another and appear as one
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/04/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Will Nelson, (925)
674-7791
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: June 4, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD. 6
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:June 4, 2013
Contra
Costa
County
Subject:Joines Property Landslide Repairs
wall (shown on the site plan at "Repair Area 2").
- Approximately 940 square feet of geotextile filter cloth and rip rap rock (shown on the site plan at "Repair Area 3").
- New catch basin and drain pipe (shown on the site plan above "Repair Area 1").
The improvements would be constructed within a scenic easement, the development rights to which have been grant
deeded to the County.
BACKGROUND: (CONT'D)
Site/Area Description
The subject property, Lot 4 of Subdivision 7307, is located at 157 Twin Peaks Drive in the Parkmead area of
unincorporated Walnut Creek. The parcel is 1.471 acres and occupied by a single-family residence. The property
is extremely steep, dropping from an elevation of approximately 274 feet at the east property line (street level) to
165 feet at the west property line. The average slope across the property is approximately 40 percent. The only
level portions of the property are near the street, where the residence and outdoor patio are located.
Subdivision 7307 was constructed atop a hill and surrounding development is located at much lower elevations on
all sides. To the north, east, and south of the subdivision are single-family residences. Parkmead Elementary
School is immediately to the west. When viewed from the north the subject property is clearly visible from a
distance because of the topography.
Project History
The County approved Tract 7307, a 14-lot single-family residential subdivision, in 1990. Condition of approval
#11 required recordation of a scenic easement over portions of Lots 1-5. The 4.24-acre easement preserves 45
percent of the entire project site and 75 percent of Lots 1-5 as permanent, natural open space (see highlighted area
on Attachment 2). The development rights to the easement have been grant deeded to the County, giving the
County authority to approve or deny any construction within the easement.
The applicant purchased the property in 2000. The original plan for development of the site called for
construction of a retaining wall in the vicinity of Repair Area 1, but the wall was never constructed. Soil slumping
began on the hillside in 2001 and more severe sliding began in 2004. Since then the applicant has covered the
slide areas with plastic sheeting and sandbags, but this has not stopped progression of the slides and is unsightly.
The applicant's geotechnical engineer has indicated that unless repaired, the slides will continue to worsen,
threatening the residence.
Staff Discussion
The applicant has retained several geotechnical engineers over the years and explored many options for repairing
the slide areas. Throughout the process the applicant has also consulted with County staff. It appears that the most
feasible solution to the problem is construction of the proposed retaining walls and installation of geotextile cloth,
rip rap, and drainage pipes.
The concerns with the project from a planning perspective are aesthetics and potential future use of the scenic
easement. As mentioned above, the easement area was intended to remain in a natural state and the subject
property is clearly visible from the north. Currently the property can easily be picked out from Interstate 680
because of the black plastic sheeting covering the landslides. Installation of the proposed improvements will
improve the current situation from a visual standpoint. However, to ensure that the proposed retaining walls blend
in as well as possible with the natural surroundings, staff has included condition of approval #2 requiring use of
earth-tone materials in their construction.
With the exception of drainage infrastructure, all slide repairs would be constructed downslope from the
developable portions of the property. To ensure that the slide repairs, specifically the retaining walls, are not also
used to expand the developable areas of the lot, condition of approval #3 prohibits any further development,
including topographic changes, within the scenic easement.
In staff's opinion, constructing the proposed improvements as conditioned will allow for repair of the landslides
while preserving the intent and purpose of the scenic easement to the greatest extent possible. Staff therefore
recommends that the Board of Supervisors vote to allow the proposed improvements within the grant deeded area.
CONSEQUENCE OF NEGATIVE ACTION:
Denial of the project would prevent the applicant from repairing the landslides in the manner proposed. Without
repair, in time these slides could cause significant damage to the residence.
CHILDREN'S IMPACT STATEMENT:
N/A
CLERK'S ADDENDUM
CLOSED the hearing; FOUND the proposed project to be exempt from environmental review under the
California Environmental Quality Act; APPROVED the proposed construction of retaining walls and other
improvements within a scenic easement for which the County holds the grant deed to the development rights.
ATTACHMENTS
Color Maps
Tract 7307 Final Map with Highlights
Grant Deed of Development Rights
Conditions of Approval
Site Plan
Photographs
Notification List
CONDITIONS OF APPROVAL FOR COUNTY FILE #PC10-0011; RICHARD JOINES
(APPLICANT & OWNER).
Project Approval
1. ____ ____ Approval is GRANTED to construct three retaining walls and install geotextile
filter cloth, rip rap, and drainage pipe within a scenic easement for the purpose
of repairing landslides on the property at 157 Twin Peaks Drive, Walnut Creek.
This approval is based on the plans received by the Department of
Conservation and Development, Community Development Division (CDD) on
April 23, 2013.
Review and Approval of Retaining Wall Designs
2. ____ ____ Prior to applying for grading or building permits, whichever occurs first, the
applicant shall submit final wall designs for review and approval by CDD. The
retaining walls must be constructed of earth-tone materials and be designed to
blend into the hillside to the greatest extent practicable.
Restriction on Further Development within Scenic Easement
3. ____ ____ Excepting the improvements allowed by this permit, all areas within the scenic
easement, including the flat area adjacent to the existing patio, must remain
undeveloped. Included in this prohibition are changes to existing topography.
Construction Period Restrictions and Requirements
4. ____ ____ The applicant shall require their contractor(s) to comply with the following:
A. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00
P.M., Monday through Friday, and shall be prohibited on state and federal
holidays on the calendar dates that these holidays are observed by the state
or federal government as listed below:
New Year’s Day (State and Federal)
Birthday of Martin Luther King, Jr. (State and Federal)
Washington’s Birthday/Presidents’ Day (State and Federal)
Lincoln’s Birthday (State)
Cesar Chavez Day (State)
Memorial Day (State and Federal)
Independence Day (State and Federal)
Labor Day (State and Federal)
Columbus Day (State and Federal)
Veterans Day (State and Federal)
Thanksgiving Day (State and Federal)
Day after Thanksgiving (State)
PC10-0011
Conditions of Approval
2
Christmas Day (State and Federal)
For details on the specific days that the state and federal holidays occur,
please visit the following websites:
Federal: http://www.opm.gov/Operating_Status_Schedules/fedhol/2013.asp
State: http://www.sos.ca.gov/holidays.htm
B. Transport of heavy equipment and trucks shall be limited to weekdays
between the hours of 9:00 A.M. and 4:00 P.M., and shall be prohibited on
state and federal holidays.
C. All internal combustion engines shall be fitted with mufflers which are in
good condition.
D. Stationary noise-generating equipment such as air compressors and
concrete pumpers shall be located as far away from neighboring residences
as possible.
D. A good-faith effort shall be made to avoid interference with existing
neighborhood traffic flows.
E. The site shall be maintained in an orderly fashion. Following the cessation
of construction activity, all construction debris shall be removed from the
site.
ADVISORY NOTES
ADVISORY NOTES ARE NOT CONDITIONS OF APPROVAL. ADVISORY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL
ORDINANCES AND OTHER LEGAL REQUIREMENTS THAT MAY BE APPLICABLE TO
THE PROJECT.
A. NOTICE 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 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
PC10-0011
Conditions of Approval
3
Government Code Section 66020 and delivered to CDD 90 days of the approval date of
this permit.
B. Additional requirements may be imposed by the following agencies:
County Building Inspection Division
Central Contra Costa Sanitary District
It is advisable to check with these agencies prior to applying for a building permit or
proceeding with the project.
REPAIR AREA 1
REPAIR AREA 3