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HomeMy WebLinkAboutMINUTES - 01221991 - H.6 i ' r H. 6 BOARD OF SUPERVISORS FRu#4' C I r-c, Harvey E. Bragdon, - cx I DATE: Director of Community Development December 27, 1990 Coiv SUBJECT: Appeal of San Ramon Valley Regional Planning Commission Approval of MS 25-90 (DeBolt Civil Enaineerina/Palmer Brown Madden) SPECIFIC REQUEST S) OR RECORAWIENDAT1ON(5) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Sustain the Approval decision of the San Ramon Valley Regional Planning Commission and Deny the Applicant's Appeal in accord with Option A actions- listed below. ALTERNATIVES Option A - Deny, Appeal and Approve Project. 1. Accept the. environmental documentation as adequate. 2. Deny the Appeal. 3. Sustain the Approval of the Planning Commission. 4. Add the following sentence to Condition of Approval 115.B. affecting alternative access routes to Parcel B: "Alternatively, the Zoning Administrator may allow access to Parcel B through the adjoining property to the west upon showing of proof of access." , 5. Adopt the Findings of the San Ramon Valley Regional Planning Commission as the basis for the Board's decision. • Option B - Grant the Appeal and Approve Project. 1. Accept the environmental documentation as adequate. 2. Grant the 'Appeal. 3. Approve the project subject to the attached conditions with the modifications listed below. Added wording is under- lined. Deleted wording is overstruck with slash mark: A. Modify Condition of Approval 110 to read as follows: "Prior to issuance of the building permit for construc- tion of a residence, the applicant shall submit detailed plans of the proposed structure to the Zoning Administrator for review and approval. Any home built on the northwest Rlateau area shall not exceed 25 feet in height from building pad. The Zoning Administrator may ' impose siting, setback, landscape and additional structure height restrictions to mitigate the impact of the proposed development on off-site views once the building pad is established." B. Modify Condition of Approval #11 to read as follows: "At least 30 days prior to MA64 /fit /160t9tox /0016 lot issuance of a grading permit, the applicant shall submit a grading/tree preservation plan for the review and' approval of the Zoning Administrator. The plan shall identify all trees with trunk sizes greater than 10 inches in diameter 4-1/2 feet from the base and indicate whether or not the tree would be eliminated. Grading of the site and removal of mature trees shall be minimized. 11 ti C. Add the following sentence to Condition of Approval #15.B.: "Provide a 25-foot non-exclusive access and utility easement through Parcel A to Parcel B. Alternatively, the Zoning Administrator may allow access to Parcel B rough the adjoining orogerty to the west upon showing of Proof of access. " 4. Direct the Director of Community Development to prepare findings for the Board to adopt as the basis for the Board action. BACKGROUND The application, was filed February 23, 1990. In April, the owner, Palmer Brown Madden, presented the project to the Alamo Improvement Association and received that group's qualified support. The Association recommended that the County impose an added height restriction similar to what has been imposed on other hillside ; projects in the vicinity. The restriction is aimed at minimizing the potential visibility of the building site, Parcel B, that would be created by this subdivision. The Association's position is described in a letter dated April 14 , 1990. The project was heard by the Zoning Administrator on September 17, 1990 at which time the project was approved for two parcels subject to the height restriction requested by AIA. The owner appealed the Zoning Administrator decision concerning several points including the building height restriction. . The San Ramon Valley Regional Planning Commission heard the appli- cant's appeal on November 7, 1990, at which time several other parties spoke ` including a representative of AIA. After concluding the hearing, the Commission voted to grant the appli- cant's appeal regarding trail dedication (Condition of Approval 18) , scenic easement concerns (Condition of Approval #9) and made a partial concession on the building height restriction (Condition of Approval #10.b. ) . The Commission retained the 25-foot height,' limit, but allowed this measurement to be taken from the finished building pad and eliminated a maximum altitude (695 feet MSL) limit. Concomitantly, the Commission imposed other site design controls to assure that potential impacts of the future development on Parcel B on off-site views are miti- gated. On November 15, 1990 the owner filed an appeal of the Commission's decision. APPEAL TO BOARD The owner's concerns are discussed in letters dated November 27, December 14, and December 19, 1990. The concerns are several- fold: 1. Parcel B `Site Design Controls - The discussion to-date has concerned development in the plateau area in the northwest corner of Parcel B. AIA, the Zoning Administrator and Planning Commission have all placed a height restriction to avoid potentially obtrusive development on this relatively prominent portion of the site. The owner has indicated that he may wish to site the resi- dence in; an adjoining ("saddle") area that is lower in elevation and less visible from the surrounding area. Should he decide to site the building in this location, he feels that application of the lower building height limit would be' unreasonable. He feels that relaxation of the height restriction for this portion of the site would not adversely affect the scenic quality of the area, and accordingly is asking that the height restriction be waived, J 2 . Parcel B Alternative Access - The project originally was proposing access to Parcel B through an adjoining property. Then, the owner modified his plan to provide access to Parcel B through his own site. This latter plan is the one that was approved by the Planning Commission. More recently, the owner has requested that the access requirements be broadened to allow either access route. 3. Grading Plan - The owner objects to being required to prepare a grading plan prior to recording a final map (Condition of Approval 111) . RESPONSE TO APPEAL ISSUES 1. Parcel B Site Design Controls - In the last several years, the County has been consistently applying more restrictive building height restrictions for Alamo hillside properties than are permitted by application of zoning Height limits alone. These restrictions are intended to not only minimize view impacts but also to maintain a low-profile development character for the area that more closely conforms to the natural terrain. In this regard, the height restrictions have been applied to less visible as well as highly conspicuous building sites. While the alternative (saddle) site is acknowledged to be less prominent than the plateau area, . staff feels that the site will still nonetheless be visible to a number of future residences in the vicinity. Moreover, given the large amount of acreage on which to develop, the restriction will not be substantially detrimental to the development potential of the property. In view of these considerations, the site design controls as issued by the Planning Commission should be sustained. 2 . Parcel B Alternative Access - It has been the Zoning Administrator's intent to allow the applicant the latitude to develop either access route. Therefore, staff has no objection to modifying the access requirements as generally requested. 3. Grading Plan - The reason that a grading plan has been required at the parcel map stage is to assure that tree preservation measures are considered prior to finalization of road improvement designs. CONCLUSION The decision issued by the San Ramon Valley Regional Planning Commission should be generally sustained. No changes to the site design control' and grading plan/tree preservation requirement should be granted. Modification of the access requirements to Parcel B should be allowed to permit the applicant the option of pursuing one of two access routes. In the event the Board of Supervisors finds that all of the concerns of the appellant have merit and grants the applicant's appeal, then the Board should direct staff to modify Conditions of Approval 110.b. , #11, and 115 as described above under Option B. CONTINUED ON ATTACHMENT: ZYES SIGNATURE: - RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM TION O BOARD COMMITTEE APPROVE OTHER SIGNATUREISI: ACTION OF BOARD ON January 22, 1991 APPROVED AS RECOMMENDED X OTHER X 7 This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing of the appeal by DeBolt Civil Engineering from the decision of the San Ramon Valley Regional Planning Commission acting as the Board of Appeals on the request by DeBolt Civil . Engineering (applicant) and Palmer Madden (owner) (MS 25-90) for approval for a minor subdivision to divide 11 acres of land into two parcels in the Alamo area. Mary Fleming, Community Development Department, presented the staff report, describing the site, the mitigated negative decaration, areas of concern, the history of the appeal, and the Planning Commission approval with modified conditions. Ms. Fleming advised of the staff recommendation that the Board sustain the decision of the Planning Commission, deny the appeal and approve the project as the Planning Commission had approved it. She recommended that the Board accept the Environmental documentation as adequate, sustain the Planning Commission approval and add a sentence to condition #15b relative to alternative access and adopt the findings of the Planning Commission. The public hearing was opened and the following person appeared to speak: Palmer Madden, 1900 Las Trampas Road, Alamo, commentedon his two remaining objections on the siting of buildings and the geotechnical work, and height restrictions. He requested changes to various conditions relative to the timing of the geotechnical work required and the height restriction. The public hearing was closed. Supervisor Schroder requested clarification of the requirement for the geotechnical work being required, and the height restriction. Karl Wandry, Community Development Department, responded to Supervisor Schroder' s request commenting that the geotechnical work could be done at the building permit stage, and that some higher height might be allowed in the lower area if the applicant can show to the satisfaction of the Zoning Administrator, cross sections addressing the concerns expressed by the Zoning Administrator and Alamo Improvement Association. Supervisor Schroder moved to sustain the decision of the Planning Commission with the conditions as amended (Exhibit A attached) , granting the appeal as modified. IT IS BY THE BOARD ORDERED that the appeal of Palmer Madden is GRANTED with modification; and the Planning Commission approval of MS 25-90 is SUSTAINED as modified by the Board of Supervisors (Exhbit A attached) . VOTE OF SUPERVISORS 1 HEREBY CERTIFY TWAT THIS IS A TRUE X UNANIMOUS (ABSENT ) APD CORRECT COPY OF AN ACTION TARN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SMWN. cc: Community Development, ATTESTED January 22, 1991 Public Works -Steve Wright - Palmer Brown Madden PHIL BATCHELOR. CLERK OF THE BOARD OF DeBolt Civil Engineering SUPERVISORS AND COUNTY ADMINISTRATOR Alamo Improvement Association Assessor BY M382 7-33 San Ramon Valley Fire _,DEPUTY Protection Dist. 4. EXHIBIT "A" CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 25-90 1. The request to subdivide the 10.9-acre parcel is approved for two parcels subject to the vesting tentative map dated received by the Community Development Department on July 2, 1990. The following conditions of approval require compliance prior to filing of the parcel map unless otherwise indicated. 2. At least 60 days prior to recording a parcel map, issuance of Building Department permits, or installation of improvements, submit a preliminary geology, soil and foundation report based on existing information and subsurface investigation of the parcel, meeting the requirements of Subdivision Ordinance Section 94-4.420, for review and approval of the Planning Geologist. Report shall review landslide mapping of government agencies and consultants. 3. Parcel'lines may be required to be adjusted to avoid crossing unstable soils which are not to be improved; landslides shall not cross parcel lines except as approved by the Zoning Administrator. Improvement, grading, and building plans shall carry out the recommendations of the approved report. 4. Concurrently with recordation of the parcel map, record a statement to run with deeds to the property acknowledging the report by title, author (firm), and date, calling attention to recommendations, and noting that the report is on file in the Community Development Department of Contra Costa County. Sellers of parcels of this subdivision shall make the report available to prospective purchasers. 5. Prior to issuance of building permits, if landslide repair or soil improvement is required to provide a stable building site or access, a final report of the engineering geologist and geotechnical engineer shall be submitted showing the final plan and grades for any installed subsurface drainage with pickup, cleanout, and disposal points; buttress fill or shear key location, any retaining wall installed, and other soil improvements installed during grading, all as surveyed by a licensed land surveyor or civil engineer as directed by the geotechnical engineer. 6. Prior to issuance of building permits, if landslide repair is required to provide a stable building site or access,a grading bond will be required for the work necessary. Provide sufficient subsurface information to estimate the cost of repairs. 7. Prior to issuance of building permits on Parcel B, submit a letter from the consulting engineering geologist and geotechnical engineer indicating that plans conform to recommendations of the preliminary geology, soils, and foundation report and supplements. S. Dedicate a 20-foot wide trail easement to the East Bay Regional Park District along Las Trampas Road and the westerly boundary of Parcels A and B per agreement between East Bay Regional Park District and applicant, or at an alternate location agreed upon by the applicant, East Bay Regional Park District, and approved by the Zoning Administrator. 1 9. Prior to filing Parcel Map, submit a field survey and report performed by qualified professionals to identify the migratory corridors of the Alameda Whipsnake. The report shall identify the corridors and make recommendations for preserving them. No structures or barrier style fencing shall be allowed in the corridors or any recommended buffer area. 10. Prior to issuance of the building permit for construction of a residence, the applicant shall submit detailed plans of the proposed structure to the Zoning Administrator for review and approval not exceeding 25 feet in height from building pad or a 695' elevation, whichever is higher. ultimate building is subject to review and approval of the Zoning Administrator subject to the stated limitations. The Zoning Administrator may impose siting, setback, landscape and additional structure height restrictions to mitigate the impact of the proposed development on off-site views once the building pad is established. 11. At least 30 days prior to issuance of a grading permit or building permit, the applicant shall submit a grading/tree preservation plan for the review and approval of the Zoning Administrator. The plan shall identify all trees with trunk sizes greater than 10 inches in diameter 4 1/2 feet from the base and indicate whether or not the tree would be eliminated. Grading of the site and removal of mature trees shall be minimized. 12. The applicant shall show proof that water and sewage service is available prior to recording the parcel map. 13. Should archaeological materials be uncovered during grading,trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeologists (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 14. The applicant shall dedicate to the County a scenic easement on the knoll on the northeast side of the parcel, above 660-foot level, with an exception of minor accessory structure subject to review and approval of the Zoning Administrator. This easement shall not prohibit construction of a road through this area, nor the construction of one-story accessory structures such as a barn or garage; nor does it affect in any way construction outside the area so deeded. 15. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: A. In accordance with Section 92-2-006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance includes the following requirements: 2 1. Undergrounding of all utility distribution facilities. An exception to this requirement is granted for the existing structures. 2. Street lighting is not required. 3. Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. As these parcels are large and agricultural in nature, additional run-off resulting from this subdivision will be negligible. Therefore, an exception from this requirement is granted provided the applicant maintains the existing drainage pattern and does not dispose concentrated storm water run-off adjacent property. 4. Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. 5. Submitting. a Parcel Map prepared by a registered civil engineer or licensed land surveyor. B. Provide a 25-foot non-exclusive access and utility easement through Parcel A to Parcel B. C. Provide a 25-foot access and utility easement along the northerly property line of Parcel B, as shown on the Tentative Map. D. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from the County-maintained portion of Las Trampas Road. E. Mitigate the impact of the additional storm water run-off from this development on San Ramon Creek 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 development. 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. 3 ADVISORY NOTES This is a vesting tentative map. Any fees collected shall be those in effect at the time of tentative map approval, not recordation of the parcel map. A. The applicant/owner should be aware of the renewing requirements prior to recording the parcel map or requesting building or grading permits. B. Applicant shall comply with the Park Dedication Fee Ordinance. C. Comply with the provisions of the Heritage Tree Ordinance adopted by the Board of Supervisors. D. Comply with the requirements of the Central Contra Costa Sanitary District (see attached). E. Comply with the requirements of the San Ramon Valley Fire Protection District (see attached). F. Comply, with the requirements of the Health Services Department, Environmental Health Division. G. Comply with the requirements of the Building Inspection Department. Building permits are required prior to construction of most structures. H. This project may be subject to the requirements of the Department of Fish and Game. The applicant should notify the Department of Fish and Game, P.O. Box 47,Yountville, California 94599, of any proposed construction within the development that may affect any fish and wildlife resources, per the Fish and Game Code. I. The applicant 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. J. The applicant will be required to comply with the drainage fee requirements for Drainage Area 13 as adopted by the Board of Supervisors. K. Upon written request, the applicant may make a cash payment in lieu of actual excavation and removal of material from San Ramon Creek. 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 San Ramon Creek annually. W/in ws31:n*25.90e.rns !129190 •16/90 9117/90.2A W 10/9190 Irw.) 11/7/90•SRVRPC 1/25191•bos 4 Central Contra Costa Sanitary District i- 5019 Imhoff Place Martinez. California 945534392 (415) •i FAX.(415)67&7211k ROGER!'DOLAN General Monoger Chief Engineer JAMES L HAZARD Counsel toe the Olstncl 1415, s1SI 438.1♦JO JOYCE E.MCMILLAN Secremry of the Obtnct March 29, 1990 Contra Costa County Community Development Department County Administration Bldg. , North Wing ,P.O. Box 951 Martinez, CA 94553 ATTENTION: MR`. STEVE CROSS ' = , Gentlemen: DEVELOPMENT REVIEW MS 25-90 3 LOT SUBDIVISION APN: 198-220-012 WS: 33 THOMAS BROS. LOC. : 77D5 The above referenced project has been reviewed by this office. 1. SEWER SERVICE AVAILABILITY AND GENERAL DISTRICT REQUIREMENTS 1.1 The project site is within the CCCSD boundaries, and sewer service has been planned for this area. 1.2 The plans submitted for District review do not show the proposed project sewers. The developer should be aware that District policy requires gravity sewers in preference to pumped systems and the location of public sewers in public streets rather than in easements to the extent possible. Variances . from this policy are discouraged. However, the District will consider alternatives on a case-by-case basis where the project engineer justifies such alternatives to the District's satisfaction. Contra Costa county Page 3 March 29, 1990 Sewer Project 4518. Sewer Project 4518 is located in Las Trampas Road and adjacent to proposed parcel IBI . This sewer project was released for construction on November 29, 1988. The developer for subdivision 6419 is responsible sponsible for construction of the proposed sewer. Sewer Project 4518 will not be available for sewer service until the sewer project is accepted by the District. 2. SOURCE CONTROL -REQUIREMENTS The District has reviewed this project for source control requirements. Base wastewater flow from this project appears to be domestic wastewater such as from residential, school, office, ' or church sources. Specific source control requirements are normally not applicable to domestic wastewater. However, materials such as gasoline, oil, sand, paint, pesticide residues, or other toxic substances are prohibited from being introduced into the District's sewer system. 3. SEWER CAPACITY The District has completed a limited analysis for the sewer system downstream of the proposed project. This analysis consisted of a review of District records for capacity deficiencies and a determination that the proposed project will generate less wastewater than our "trigger" for further analysis. The existing main sewer is adequate for the additional wastewater which will be generated by this project, but District facilities farther downstream do not have adequate flow carrying capacity'under the District's current design criteria for ultimate conditions. Improvements to the District's existing facilities that are required as a result of new development will be funded from applicable District fees and charges. The developer will be required to pay these fees and charges at the time of connection to the sewer system. : The Board of Directors adopted a' new system of Facilities Capacity Fees on May 4, 1989. The Facilities Capacity Fees will be phased in over a two-year period that starts on July 1, 1989. Please telephone me at (415) 689- 3890, Ext. 364, if you need additional information on the Facilities Capacity Fees. Contra Costa county Page 5 March 29, 1990 The Sanitary District must review and approve any construction plans involving work on the public sewer system prior to the developer's applying for a building permit. The District's Permit Section will receive and process the construction plans. Sincerely, Jack H. Case Associate Engineer JHC:vh Enclosure cc: De Bolt Civil Engineering 811 San Ramon Valley Blvd. Danville, CA 94526 Mr. Palmer Madden 1900 Las Trampas Road Alamo, CA 94507 CENTRAL CONTRA COSTA SANITARY DISTRICT PROCEDURES TO BE FOLLOWED FOR DESIGNING SEWERS TO BE LOCATED IN HILLSIDE AND CREEK AREAS 1. Soils reports will be required where: a. Slopes of hills where sewers are proposed for installation exceed 15 percent. b. Sewers are proposed for installation within fifty feet of creekbeds. c. Sewers are' proposed for installation within the range of influence of a possible landslide from adjacent hill . d. Sewers are proposed for installation in historical slide locations. 2. A soils report prepared by a registered Civil Engineer practicing in Geotechnical Engineering must be submitted by the job engineer which covers the proposed project. 3. If the project geotechnical report provided does not cover an off-roadsewer alignment, the District may require a supplementary report. This report, at a minimum, must address the following: a. Supplementary geological setting, general soils and bedrock conditions along the proposed sewer alignment, and recommended set backs from slides and creeks. b. Stability or instability of selected sewer alignment. c. Potential ground water problems. d. Effect of trenching on slope stability (negative impacts on slope). e. Special backfill, special trenching requirements, or special supports that may be recommended. f. . Erosion potential of soils around sewer near water courses. g. Recommended corrections if an instability exists or may develop. 4. Installation of sewers in unrepaired slide areas is to be avoided. a. If an acceptable gravity route is feasible around the unrepaired slide, the sewer must be installed around the slide. DESIGN STANDARDS APPLICABLE TO SEWERS WHICH ARE TO BE LOCATED IN HILLSIDE AND CREEK AREAS I. Sewers to be installed across hillside slopes (generally parallel to contours) shall be ductile iron (no bedding) if the cross slope of the hill exceeds 25 percent. 2. Sewers to be installed parallel to defined creeks shall be located no closer than twenty feet from the top of the bank if the creek bank is defined; if not, no closer than thirty feet from the centerline of the creek. 1 3. Sewers to be installed parallel to defined creeks from twenty to fifty feet away from the top of the bank shall be ductile Iron (no bedding) . 4. Manholes to be installed on either ends of creek crossings shall be located no closer than twenty feet from the top of the creek bank. (^� y' Harvey E. Bragdon )� — ommunity ontI � Director of Community Development Development Costa Department 1 County Administration Building County 1 W 651 Pine Street 4th Floor. North Wing f,;. MAR 0 7 1990 Martinez, California 94553.0095 Phone: ,. ,:r '-p�'' SR.VALLEY EIRE DIST. Date: AGENCY COMMENT REQUEST We request your, comment regarding the attached application currently under review. _? Co Z/A; Dev Engr; Co Geog CONCERNED AGENCIES: Please submit your comments as follows: ,,8uilding Inspection ,,,Environmental Health Project Planner <;I_V£ ,,.P/W - Flood Control -,-P/W - Road Engi neerllatl County File # --Fire District a 'A" „ -'Sanitary District .vrQQt . Prior to ---Water District —'Nearby City ji. I..,;f7 We have found the following special programs West Pittsburg Alliance apply to this application: .,Alamo Improvement Assoc. Oakley Municipal Adv Com .y Active Fault Zone ---Anthropology Lab (UC Sonoma) Flood Hazard Zone COMMUNITY ORGANIZATION:. / !� rO 60 dBA Noise Control rClrlt . &,e "Zf Within 2,000' of Hazardous Waste Site Please indicate the code section of recommendations that are required by law or ordinance. Comments: NO COMMENTS ON THIS APPLICATION. OUR COMMENTS ARE ATTACHED. Signat e �(�",•tax.. ji' ,i' �' Agency Date c:form.tb I