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HomeMy WebLinkAboutMINUTES - 02132001 - D.4 n r. TO: BOARD OF SUPERVISORS Contra aJ 1— . FROM: DENNIS M. BARRY, AICP �±- = Costa COMMUNITY DEVELOPMENT DIRECTORA``�' County cou �i S DATE: February 13, 2001 SUBJECT:. CONTINUED SUPPLEMENTAL REPORT: An appeal by two neighbor;, Lucy Armentrout-Ma and Mary Coombs of the County Planning Commission's decision to deny their appeal of the Zoning Administrator's approval of the applicant's request to establish a one half story addition to an existing residence on a substandard lot. Subject property's address is.233 Amherst Avenue, in the Kensington area of the County. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. CONSIDER the decision of the County Planning Commission (Resolution #2-2001). 2. ACCEPT any new information from staff related to the outcome of the negotiations between the date of this report and the Board he ring. CONTINUED ON ATTACHMENT: X YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM DATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February, 13. 2001 APPROVED AS RECOMMENDED OTHER XX SEE THE ATTACHED ADDENDUM FOR BOARD ACTION AND VOTE VOTE O UPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANI S(ABSENT ) CORRECT COPY OF AN ACTION TAKEIV AND AYES: O ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: IN: SUPERVISORS ON THE DATE SHOWN Contact: Rose.Marie Pietras 335-1216 ATTESTED February 13, 2001 ,cc: County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF Kensington Municipal Advisory Council SUPERVISORS AND COUNTY ADMINISTRATOR Catherine Buchanan Bart Jones ' ) Lucy Armentrout-Ma. BY ��/ DEPUTY Mary Coombs I ' February 13, 2001 Board of Supervisors File DP993038 Page 2 3. ACCEPT the determination that the project is exempt from the California Environmental Quality Act (Section 15301 —Class 1 c) 4. GRANT the appeals and approve the project with a modification to require the roof peak be reduced in height by one foot from that which was shown on the September 15, 2000 plans. 5. ADOPT the findings of the Planning Commission as the basis for this decision with the modification that the lowered roof peaks were required to reduce the mase and bulk of the addition. 6. DIRECT staff to file a Notice of Exemption with the County Clerk. FISCAL IMPACT None. The applicant has paid application fees to process this project and is obligated to pay supplemental fees should staff time and material costs exceed 100% of the initial fee payment. BACKGROUND / REASONS FOR RECOMMENDATION This matter was initially scheduled for hearing on January 16, 2001, then continued to,.lanuary 23, 2001. At that time, the hearing was continued to February 27, 2001. Subsequently, Supervisor Gioia's office requested it be heard on February 13, 2001 . Legal notice for this; continued hearing has been re-issued, including notice to the applicant, appellants and Kensington Municipal Advisory Council. Following the issuance of the staff report prepared for the Board's January 16, 2001 hearing, a: letter was received from each of the appellants. These letters are attached as Exhibits D and E: and should be considered along with the January 16th staff report. In her letter, Ms. Coombs emphasizes that neither she nor Ms. Armentrout-Ma agreed with Kensington Municipal Advisory Council's recommendation. Upon reviewing the record, Ms. Coombs is correct. The Kensington Municipal Advisory Council reported that they considered all of the testimony that was provided, and made a recommendation that they believed was a. compromise. Ms. Armentrout-Ma's letter asserts that the height of the addition has been reduced by one foot, rather than the two feet stated in the January 16th Board report. The plans that were approved by the Zoning Administrator and the Planning Commission have a two-foot reduction in the height of the peaks and a one and a half foot reduction in the height of the flat section of the roof. It should be noted that there is a margin of error when measuring differing sets of plans. ADDENDUM TO ITEM DA February 13, 2001 This is the date and time noticed by the Clerk of the Board of Supervisors for the continued hearing from January 23, 2001, on the appeal by Lucy Armentrout-Ma and Mary Coombs of the County Planning Commission's decision to deny their appeal of the Zoning Administrator's approval of the Applicant's request to establish a one half story addition to an existing residence on a substandard lot, at 233 Amherst Avenue, Kensington. Catherine Kutsuris of the Community Development Department, presented the staff report. Also present were Dennis Barry, Community Development Department Director and Silvano Marchesi, County Counsel. The public hearing was opened, and the following people appeared to speak: Lucy Armentrout-Ma, Appellant, 232 Yale Avenue, Kensington; Mary Coombs, Ph.D., Appellant, 227 Amherst Avenue, Kensington; Bart Jones, Architect for Applicant, 268 Arlington Avenue., Kensington; James Carman, Kensington Municipal Advisory Council, 118 Windsor Avenue, Kensington; Katie Buchanan Kaneko, Applicant, 233 Amherst Avenue, Kensington; Norman Bookstein, 230 Yale Avenue, Kensington; Cris Carrigan, Attorney for Appellant, 1331 N. California Blvd., #500; Walnut Creek; Birthe Kirsch, 222 Yale Avenue, Kensington; Mark Armstrong, Attorney for the Applicant, P.O. Box 218, Danville; Lucy Arnientrout-Ma,rebuttal. Those desiring to speak having been heard, the public hearing was closed, and the Board discussed the issues. Following the Board's discussion, Supervisor Gioia made the following motion to: a. Accept the determination of the project as exempt from CEQA; b. Grant the appeals; c. Approve the project with the following modifications, require that the roof peak be reduced by 8 inches in height from what was shown and from the Planning Commission's approved plan; d. Impose two requirements, that the East side bathroom and walk-in closet windows be fitted with obscure glass to allow light but prevent a direct view of the neighbors, and that the applicants construct their chimney and vent heights to the minimum required under the code; e. Adopt the findings of the Planning Commission as the basis for this decision., with the modification that the lowered roof peaks are required to reduce the mass and bulk of the addition; 1 f. Direct the staff to file a Notice of Exemption with the County Clerk; g. (In the Conditions of Approval/Advisory Notes section, under B), change the wording to read "Kensington Fire Protection District". Supervisor Glover seconded the motion. The Board continued their discussion of the issues. Ms. Kutsuris indicated that it was her understanding that the motion included a height limit of 30 feet, and requested clarification of that in the motion. Supervisor Gioia stated that was true. He confirmed this project would beat a height limit of 30 feet, no matter what reduction had to be taken to attain that limit. Further, he stated that the general design is to be the one shown on the plans provided this day (with the flattened roof top) and the actual calculations are on the previously submitted plans. The Chair called the question and the vote on the motion was as follows: AYES: SUPERVISORS GIOIA, GLOVER and UILKEMA NOES: NONE ABSENT: SUPERVISORS GERBER and DeSAULNIER ABSTAIN: NONE 2 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Bart Jones-Architect APPLICATION NO. DP993038 268 Arlington Ave Kensington,Ca 94707 ASSESSORS PARCEL NO. 570-071-009 ZONING DISTRICT: R-6 OWNER: Catherine Buchanan APPROVED DATE: 2/13/2001 233 Amherst Ave Kensington,Ca 94708EFFECTIVE DATE: 2/13/2001 This matter having been approved by the Board of Supervisors, a DEVELOPMENT PLAN TO ESTABLISH A ONE HALF STORY ADDITION TO AN EXISTING RESIDENCE ON A SU13STANDARD LOT in the KENSINGTON area is hereby GRANTED, subject to the attached conditions. DENNIS M. BARRY, AICP Conununity Development Director. By: C CATHERINE KUTSURIS Deputy Zoning Adininistrator Unless otherwise provided,THIS PERMIT WILL EXPIRE ONE(I.) YEAR from the effective date if the use allowed by this permit is not established within that time. PLEASE NOTE THE EFFECTIVE DATE as no further notification will be sent by this office. S:\Current Planning\Templates\SHELLS\MS PERMIT SHELL.doc CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN #993038 AS APPROVED BY THE COUNTY BOARD OF SUPERVISORS ON FEBRUARY 13, 2001. Administrative 1. Development is approved as shown on the revised plan dated received by the Community Development Department on May 30, 2000, with -the design as shown on the plans received by the Board of Supervisors on February 13, 2001, subject to the final review and approval of the Zoning Administrator. The following requirements shall be incorporated into the final design: A. The height of the structure shall be limited to no more than thirty (30) feet. B. Obscure glass shall be used for the east bathroom and walk-in closet windows; and C. The chimney and vent heights shall be the minimum required by the building code. The following conditions shall be met prior to issuance of the building permit unless otherwise specified. Zoning Administrator Review: 2. Prior to the issuance of a building permit, elevations and architectural design of the building and building roofing material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning or utility equipment, television aerials, etc., or screened from view. The building shall be finished in wood and stucco or other materials acceptable to,the Zoning Administrator. Archaeology: 3. 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 of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 2 Trees 4. The developer and applicant shall adhere to the following tree preservation standards required by Section 816-6.1202 of the County Code: A. Prior to the .start. of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with trees to be preserved, the applicant shall install fencing at the dripline or other area as determined by an arborist report of all trees adjacent to or in the area to be altered. Prior to grading or issuance of any permits, the fences may be inspected and the location thereof approved by appropriate County staff. B. No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline unless indicated on the grading plans approved by the County and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the roots. Upon completion of grading and construction, an involved arborist shall prepare a report outlining further methods requiring for tree protection if any are required. All arborist expense shall be borne-by the developer and applicant. C. No parking or storing vehicles, equipment, machinery or construction materials, construction trailers and no dumping of oils or chemicals shall be permitted within the dripline of any tree to be saved. Construction Conditions: 5. Contractor and/or developer shall comply with the following construction, noise, dust and litter control requirements: A. All construction activities shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on state and federal holidays. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion. engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air 3 compressors and concrete pumpers as faraway from existing residences as possible. C. 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 notice 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 responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re-issued with each phase of major grading and construction activity. -A copy of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed. D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed roads serving this development shall be constructed to provide access to each [lot] [portion of the development site]. This shall include provision for an on-site area in which to park earth moving equipment. F. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 9:00 AM and 4:00 I'M. and prohibited on Federal and State holidays. 4 G. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 6. All processing fees associated with this application, which is time and materials, shall be paid. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. The applicant/owner should be aware of the expiration dates and renewing require- ments prior to (recording the Parcel Map) or (requesting building or grading permits). B. Comply with the requirements of the Kensington Fire Protection District. C. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. RMP/amc 4/17/00 Rev. 6-12-00 ZA:df RMP/cw 02/08/01