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HomeMy WebLinkAboutMINUTES - 12162003 - C84 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR � ,,,Xff unty G'CrT GATE: DECEMBER 16, 2003 SUBJECT: PROPOSED ESTABLISHMENT OF AN EMERGENCY VEHICLE-ONLY ACCESS TO CONNECT A PRIVATE ROAD WITH FEEDER TRAIL NO. 1, AND MINOR IMPROVEMENTS RELATED TO A PROPOSED RESIDENCE WITHIN A SCENIC EASEMENT ON PARCEL D OF MINOR SUBDIVISION 97-89 IN THE MARTINEZ/FRANKLIN RIDGE AREA (Denny Davis — Applicant), COUNTY FILE #TP030035 (SUP. DIST. II) S'PECI'FIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION' RECOMMENDATION' 1. For purposes of compliance with the California Environmental Quality Act, adopt the proposed Categorical Exemption determination, Minor Alterations to Land (Class 4). ' L I I "' CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COU;TY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —�--- +PRC7VE OTHER SIGNATUREUS ACTION OF 130 ON DECEMER 36t 2003 APPROVED AS RECOMMENDED xx OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND XX UNANIMOUS{ABSEN�0_ } CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN. SUPERVISORS ON THE DATE SHOWN Contact: Ryan Hernandez(335-1206) ATTESTED DECEMBER 16, 2003 cc: Dennis Davis(Applicant) JOHN SWEETEN, CLERIC OF THE BOARD OF Community Development Department(orig.) SUPERVISORS AND COUNTY ADMINISTRATOR Consolidated Fire Protection District,Rick Ryan City of Martinez ' Muir Heritage Land Trust By ,DEPUTY East Say Regional Park District �,. 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CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STATE OF CALIFORNIA In the Matter of the Notice of Tentative Approval: Applicant Dennis Davis Owner Same COUNTY FILE # TP030035 STATE OF CALIFORNIA :ss' COUNTY OF CONTRA COSTA 1, Barbara Melton, of said County and State declare: That I am and at all time herein mentioned was over the age of eighteen years; That on October 1, 2003, 1 mailed notices of the above notice as well as copy of unsigned Tree Permit to Applicant&Owner. The same was mailed to all addresses on the list attached which list is made a part of this affidavit. I declare under penalty of perjury that the foregoing is true and correct. Executed at Martinez, CA on October 1, 2003, Employee of the Contra Costa County Community Development Department ........................................... ...................................................... r v� t � 1 C . ... . .............................. . ...........__....._... .._..._.... ......... ......... .._...... ...__.... ......... ......... ..._..... ......... ......... ......... ANN 367-029-005-8 APN 367-020-006.6 APN 367-020017-3 KENNETH &GAY TRE G£RLACK VINCENT &SAUNDRA TRE ROMEO MARK E.TOMPKINS 18 DICKSON LN 1170 FRANKLIN CANYON RD 2125 PINE ST MARTINEZ CA 94553 MARTINEZ CA 94553 MARTINEZ CA 94533 APN 367-020-018-1 APN 367-020-019-9 MARK E.TOMPKINS MARK E.TOMPKINS 2125 PINE ST 2125 PINE ST MARTINEZ CA 94533 MARTINEZ CA 94533 ....... ..- ......... ......... ......... ......... ......... ......... ......... ........_.................... ..... .. _.... ......... ......... ......... ......... ......... ................_....................._................................................................ t"✓�ommunity Contra. Dennis M.gamy,ACCP C�evelopment Community Development Director dt�tCTleClt �{� �+� Chep County County Administration Building 651 Pine Street 4th Floor, forth Wing ' Martinez, California 94553-0095 : Phone: (925) 335-1210 October 1, 2003 NOTICE OF TENTATIVE APPROVAL TO REMOVE TWELVE (12) OAK TREES & WORK WITHIN THE DRIPLINE OF SEVERAL OTHER OAK. TREES AT 200 DUTRA ROAD, IN THE MARTINEZ AREA File #TP030035 (DENNIS DAVIS, Applicant & Owner) The County has received a request to remove 12-oak trees and to work within the dripline of several more. Trees to be removed have trunk sizes that range from 11 to 24 inches in diameter, and all trees of the Oak variety. The application for a tree permit is relative to the proposal of a single-family residence. The site is located at 200 Dutra Road, in the Martinez area. (APN 367-020-020); Grant Hamilton, a certified arborist, from Hamilton Tree Service, has inspected the site and has determined that the oak trees could survive with the proper mitigation. The background for this request including site plan may be inspected in the Community Development Department office during normal working hours. Pursuant to Section 816-6.8010 of the Tree Protection and Preservation Ordinance, this is to notify you of the County's Tentative Approval of this request to work within the drip-line of two trees subject to conditions. Related. Request: The applicant is also proposing to re-route an emergency access within a portion of the site where the development rights have been grant deeded to the County. This aspect of the proposal will be separately decided by the Board of Supervisors. -I- Office Hours Monday - Friday: 8:00 a.m. - S:oo p.m. __ _ _ _. ......... ......._. ......... ......... ......... ......... ......... ......... ......... ............. ._. ....... ........... ......_... ._....... ......... ......... ._....... ......... ......... ......... ......... ......... ......... Right to Appeal Tentative Approval Any person may appeal the decision to approve this request by filing a Letter of Appeal with the Community Development Department. To be valid an appeal letter must: 1. Be received in the Community Development Department office no later than 5.00 p.m., Monday, October 13, 2003 2. The letter of appeal must identify the above listed file number and state the specific reasons why the decision does not meet the criteria and factors for granting the tree removal permit as stated in the Tree Protection and Preservation Ordinance (Chapter 816- 6); a copy of this ordinance may be obtained from the Application and Permit Center at 651 Pine Street,Martinez. 3. Be accompanied by a non-returnable appeal fee of$125.00 The County Planning Commission will hear any appeal of this decision. Any questions on this decision should be directed to the project planner, Ryan Hernandez, of the Community Development Department office at (925) 335-1206. -2- CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Dennis Davis APPLICATION NO. TP030035 1636 Pacheco Boulevard Martinez, CA 94553 ASSESSOR'S PARCEL NO. 367-020-020 ZONING DISTRICT: A-2 OWNER: APPROVED DATE: October 1, 2003 EFFECTIVE DATE: October 14,2003 This permit authorizes removal of 12 oak trees, with think sizes ranging from 11 to 24 inches in diameter and to work within the dripline of several more oak trees. This tree permit approval of County File #TP030035 by the Zoning Administrator is contingent upon the applicant gaining,;approval to develop within a grant deeded scenic easement by the Board of Supervisors prior to under taking any further development activity. DENNIS M. BARRY, AICD Community Development Director Cr. 4BE By: RT H.I:3RE Deputy,Zoning Administrator Unless otherwise provided, THIS PERMMIT WILL EXPIRE ONE YEAR from the effective date if the use allocated by this permit is not established within that time. PLEASE NOTE THE EFFECTIVE DATE,as no further notification will be sent by this office. FINDINGS AND CONDITIONS OF APPROVAL. FOR TREE PERMIT NO. TP030035 (DENNIS DAVIS, Applicant & Owner) Criteria for Review of the Tree Permit A. Required Factors for Granting Permit. The Zoning Administrator is satisfied that the following factors as provided by County Code Section 816-6.8010 for granting a tree permit have been satisfied as marked: 1. The arborist report indicates that the subject trees are in poor health and cannot be saved. — 2. The tree is a public nuisance and is causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means. 3. The tree is in danger of falling and cannot be saved by some other means. _._. 4. The tree is damaging existing private improvements on the lot such as a building foundation, walls, patios,decks, roofs, retaining walls, etc. 5. The tree is a species known to be highly combustible and is determined to be a fire hazard. ____ 6. The proposed tree species or the form of the tree does not merit saving. X 7. Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another area of the lot. 8. The tree is a species known to develop weaknesses that affect the health of the tree or the safety of people and property. These species characteristics include but are not limited to short-lived, weals wooded and subject to limb breakage, shallow rooted and subject to toppling. 9. Where the arborist or forester report has been required, and the Director is satisfied that the issuance of a permit will not negatively affect the sustainability of the resource. 10. Mone of the above factors apply. CONDITIONS OF APPROVAL 1. General - The application for working within the dripline of two trees, is based on the following documents: • Tree survey maps A & B, submitted to the CommunityDevelopment Department on, September 17, 2003; and • Report on the project by, Grant Hamilton, of Hamilton Tree Service, a certified arborist, Tree Preservation Recommendation, dated September 17, 2003. Except as otherwise specified, development shall be in accord with the recommendations of the arborist report. All grading, site and development plans shall clearly indicate trees proposed for removal, altered or otherwise affected by development construction. The tree information on grading and development plans shall indicate the number, size, species, assigned tree number corresponding to the arborist report discussion, and location of the drip line of all trees on the property. For purposes of clearance of a building permit, the site plan shall be modified to indicate which trees are authorized to be removed consistent with the description in the arborist report. This permit shall be valid for a period of six months and may be renewed for additional periods by the Director of Community Development upon request by the applicant. 2. Contineency Restitution Should Altered Trees Be Damaged Trees to be Preserved but Altered - Pursuant to the conclusions of the arborist report, proposed improvements within the root zone of trees noted on the site plan to be preserved have been determined to be feasible and still allow for preservation provided that the recommendations of the arborist are followed. Pursuant to the requirements of Section 816-6.1204 of the Tree Protection and Preservation Ordinance, to address the possibility that construction activity nevertheless damages these trees, the applicant shall provide the County with a security (e.g., bond, cash deposit) to allow for replacement of trees intended to be preserved that are significantly damaged by construction activity. j The security shall be based on: A. Extent of Possible Restitution Improvements - The planting of up to twenty-five (25) trees, minimum I5-gallons in size in the vicinity of the affected trees, or equivalent planting contribution, subject to prior review and approval of the Zoning Administrator; -2- B. Determination of Security Amount - The security shall provide for all of the following costs. • Preparation of a landscape/irrigation plan by a licensed landscape architect or arborist; • A labor and materials estimate for planting the potential number of trees and related irrigation improvements that may be required prepared by a licensed landscape contractor; and • An additional 20% of the total of the above amounts to address inflation costs. C. Acceptance of a Security - The security shall be subject to the review and approval of the Zoning Administrator. D. Initial Deposit for Processing of Security - The County ordinance requires that the applicant cover all time and material costs of staff for processing a tree protection security (Code S-060B). The Applicant shall pay an initial fee deposit of$100 at time of submittal of a security. The security shall be retained by the County up to 24 months (following the completion of the tree alteration improvements. In the event that the Zoning Administrator determines that trees intended to be protected have been damaged by development activity, and the Zoning Administrator determines that the applicant has not been diligent in providing reasonable restitution of the damaged trees, then the Zoning Administrator may require that all or part of the security be used to provide for mitigation of the damaged trees. At least 18 months fallowing the completion of work within the dripline of trees, the applicant's 'arborist shall inspect the trees for any significant damage from construction activity, and submit a report on his/her conclusions on the health of the trees and, if appropriate, any recommendations including further methods required for tree protection to the Community Development Department. Tree Permit Approval Contingent on Board of Supervisors Authorization to Allow Development within the Scenic Easement 3. The site of the realigned emergency vehicle access lies within an area where the development rights have been grant deeded to the County (so-called "scenic easement"). This tree permit approval of County File #TP030035 by the Zoning Administrator is contingent upon the applicant gaining approval to develop within a grant deeded scenic easement by the Board of Supervisors prior to under taking any further development activity. -3- Payment of Any Required Supplemental Fees 4. Payment of Any Due Sufrplemental ATplication Fees - This application is subject to an initial application fee deposit of $500.00 which was paid with the application submittal, plus time and material costs if the application review expenses exceeds the initial fee deposit. Any additional fee duemust be paid prior to issuance of a building permit, commencement of tree alteration work, or 60 days of the effective date of this permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. The applicant or owner may obtain current costs by contacting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. ADVISORY NOTES 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 ninety(90) day period in which you may protest the amount of any fee or the 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 Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. A. Additional requirements may be required by the Health Department and the Contra Costa Consolidated Fire Protection District. It is advisable that the applicant contacts these departments prior to requesting building permits. -4- ......................I............................................................................................................................................................................ ..........-........................................ L4, C� CONTRA COSTA COUNTY Vb COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Tompkins & Johnson APPLICATION NO. MS97-89 2125 Pine Street Martinez, Calif. 94553 ASSESSOR'S PARCEL #367-020-007 OWNER: (Same as above) ZONING DISTRICT:A-2 EFFECTIVE DATE: 10 Sept. 1990 APPROVAL DATE: 10 December 1990 This matter not having been appealed within the time prescribed by law, the requested modifications to the approved minor subdivision is hereby GRANTED, subject to the attached conditions shown in Exhibit "A". Harvey E. Bragdon, Director, Community Development Dept. By: D���nniis�MB,, arry - De t1 y Director. PLEASE NOTE THE APPROVAL DATE, as no further notification will be sent by this office. Unless otherwise provided, you have 36 month from the approval date to file the PARCEL MAP (or additional time if an authorized extension is granted) . .......................................................................................I............. ............................................. CONDITIONS OF APPROVAL I C71Z MINOR SUBDIVISION 97-89 aorn,pki s, I. This application is approved for four parcels plus a designated remainder as generally shown on the revised tentative reap and grading plan dated received April 22, 1990, as modified by the revised site plan covering.Parcel D entitled, "Plat, Fire Access Easement, Parcel "D" MS 97-89 2. Comply with the requirements of the County Planning Geologist A. At least 45 days prior to recording a Parcel leap, issuance of a grading permit, or installation of irnprovernents, submit a preliminary geology, soil, and foundation report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the Planning Geologist, Improvement, grading, and building plans shall carry out the recommendations of the approved report, B Concurrently with recordation of the parcel snap, record a state hent to run with deeds to the property acknowledging the geotechnical report by title, author (firin), and date, calling attention to report recommendations, and noting that the report is on file for public review in the Community Development Department of Contra Costa County 3 At least 30 days prior to issuance of a grading permit or filing a parcel ri ap, the applicant shall submit a revised sitelgrading and tree preservation plan for the review and approval of the Zoning Administrator A The maxiinurn grade for the proposed private road shall be identified and shall not exceed 25% B. The plan shall identify the precise location of the existing road improvements adjacent to the Romeo property C The plan shall identify the location of all existing trees with a trunk diameter of 141. r " inches or greater in proximity to the proposed road improvements, tree species and dripline; and whether the tree is proposed to be removed or preserved, The plan shall be accompanied by a report from a certified arborist containing recommendations to protect trees during the construction stage that are identified for preservation. �-- D The pian shall provide for a scenic easement across the entire property (including the designated remainder) except for designated building sites and leach field sites an each parcel Building site areas shall not exceed 30,000 square feet. Leach field sites approved by the Health Services Department shall be identified on each parcel. The building site on the designated remainder shall encompass the site of the existing residence. The approved scenic easement area shall be dedicated to the County E An erosion control plan shall be submitted for the review and approval of the ZoninU Administrator, as pail of the grading plan 2 F Prior to submittal to the Community Development Department, the applicant shall / provide the Contra Costa County Fire Protection District an opportunity to review and comment on the plans 4 Prior to filing a parcel map, comply with the requirements of the Health Services Department for domestic water and sewage disposal. Each parcel shall be served by an on-site well and septic tank/leach field system 5, At least 30 days prior to issuance of a grading permit or filing a parcel';map, the applicant shall submit an archaeoloLyical field reconnaissance report for the review and approval of the Zoning Administrator. The report shall be prepared by a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional A.rchaeology (SOPA). The report recornrnendattons shall be implemented 6. The existing auto repair operation on the site shall be removed. All inoperative vehicles shall be removed and properly disposed of At least 30 days prior to filing for a parcel snap, the applicant shall notify the Zoning Administrator to verify that the illegal operation has been eliminated and that the uses on the properly comply with the zoning code. 7 Prior to filing a parcel snap, the applicant shall submit a statement for the review and approval of the Zoning Administrator that will be used to notify prospective buyers of the parcels of any tree protection ordinances in effect at that time, and 'fines ter penalties pertaining to the illegal removal or damage to trees protected by the ordinance. 8 Comply with the following residential design requirements A Except for the designated remainder, residential design shall be limited to one-story, not exceeding 20-feet in height. B Exterior residential colors shall be limited to light, earth-tone colors C Development shall sxsinimize the damage of or rernoval of any 'trees with trunk circumferences exceeding 20 inches. Tree trimming os- removal to allow view corridors may be permitted on prior review and approval of the Zoning Administrator D Tennis courts are prohibited 3 E. At least 30 days prior to filing a building permit, proposed residential construction plans shall be submitted for the review and approval of the Zoning Administrator. The plans shall identify all trees in proximity to proposed development with a trunk circumference of 20 inches or greater and whether the tree is to be removed or preserved. Construction plans shall be accompanied by a report of a certified arborist recommending measures to protect trees during the construction and post- construction stages. 9 Comply with drainage, road improvements, 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 includes the following requirements I) Constructing a paved turnaround at the end of the proposed private road as shown on the Tentative Map and an additional turnaround at the common boundary of Parcel A and Yarcel B 2} Ur,der(YrotInding of all utility distribution facilities Because of the large parcels involved and the agricultural nature of the subdivision, an exception to this requirement is ryranted. >) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm ldrainage 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 onto adjacent property 4) Submitting a Parcel Map prepared by a registered civil engineer or licensed land surveyor 5) Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improvennents required by the Ordinance Code or the conditions of approval for this subdivision. ........ ..... 4 6) An exception is granted to the road grade standards for the proposed private road to allow a road (.),rade up to 25% The applicant shall also extend a fire access easement from Parcel C through Parcel D and tying into feeder trail ;#I The fire access roadway shall be asphalt concrete or concrete with a rnmrnurri width of 16 feet as generally shown on the exhibit entitled, "Plant, Fire Access Easement, Parcel D". Improvement plans shall provide for a barrier at the connection of the fire access road with Dutra Road/Feeder Trail No 1 . The barrier shall be designed to limit access between the subdivision and Dutra Road/Feeder Trail No. I to emergency vehicles only. The design of the gate shall be subject to review and approval of the Zoning Adrrtinxstrator following opportunity to comment by the County Fire District B Construct a 20-foot paved private roadway to County private road standards, within a 25-foot easement, to serve all parcels in this proposed subdivision as shown on the Tentative Map The road width may be reduced to 16 feet if allowed by the Contra Costa County Fire Protection District. The portion of the road with a grade that exceeds 20% shall be designed with I 1.� -grooved concrete and a minimum 20 foot width1.1 C, Submit a safety -in(, Improvement plan for Dutra Road frorn the A T &S F. railroad track to Franklin Canyon Road, subject to the review and approval of the Public Works Department. 10, Fire Protection Budding Restrictions - Prior to or concurrent with the recording of the parcel map, the applicant shall record a declaration to run with the deed for Assessor's Parcel No. 367020-007 and the parcels created by Contra Costa County Subdivision MS 97-89 and any future subdivision of those parcels as follows. I dding perri-i't, the owner of this parcel or subsequent parcels Prior to the issuance of any bLI1 I — I I shall comply with the requirements of Contra Costa County Fire Protection District, including but not Ilmited to: A. All residential structures shall be constructed with a fire retardant roof approved by the Fire District (Class A) B, All residential structures shall have paved access to the structures from the existing roadway, Dead-end Fire Department access roads in excess of 150 feet long shall be provided with approved provisions for turning around the Fire Department apparatuses Grade shall not exceed 16%, be able to support 20 tons and be 16 feet of unobstructed width C All residential stnuctures small be constructed with residential sprinkler systems 5 D Each parcel shall have a water storage systeFn consisting of a tank of not less than 5,000 gallons with a 2W"inch stand pipe connection for emergency usage These conditions may be altered or amended with the mutual consent of Contra Costa County Fire Protection District and the owners of the affected parcels Upon recording of this declaration, copies of the recorded declaration shall be forwarded to the Community Development Department and the Contra Costa County Fire Protection District. 11, Modifications to Parcel D Develop hent - Prior to filing a parcel map, the applicant shall submit a revised site plan covering Parcel D for the review and approval of the Zoning Administrator The revised site plan shall identify existing topography and trees, proposed extension of the fire access easement to Dutra Road, proposed building site, driveway, leach field, and water well and scenic easement area. The p€an shall specifically identify any trees proposed for removal. The plan shall also identify the location of the emergency vehicle' -` access barrier which is required with this approval. ADVISORY NOTES A 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. This fee will be due at the issuance of building permits on the site B. Comply with the requirements of the Contra Costa County Fire Protection District. C. Comply with the requirements of the Building Inspection Department - Grading .Division BD/GA,'aa MSIII/97-89c RHD 6/5/90 8/15/90 812/3/96 ............................................................................................................................. . ..................................................................................................................................................................................................... December 15,2003 Board of Supervisors File#TP030035 Page 2 2. Authorize the following improvements within an area in which development rights have been conveyed to the County (so-called "scenic easement") on Parcel D of Minor Subdivision MS 97-89: • Establishment of an Emergency Vehicle-only Access (EVA)easement and roadway extending from the southwestern terminus of the road serving Minor Subdivision MS 97-89 to Feeder Trail No. 1; and • Two 2,500 gallon water storage tank and driveway improvements that are accessory to a single story residence on the site as proposed by the applicant. 3. Direct Public Works Department staff to work with the property owner to complete the processing of an executed grant of easement to convey the proposed EVA-only easement to the County, and to schedule Board of Supervisors consideration of acceptance of the grant of easement at a future Board meeting, and subsequent recording. 4. Prior to issuance of a building permit for a residence on Parcel D of MS 97-89, the applicant shall be required to provide the Community Development Department with evidence that proposed improvements for the Emergency Vehicle-only Access (EVA) have been approved by the Consolidated Fire Protection District, subject to final review and approval of the Zoning Administrator. Minimally, the proposed improvement plans shall require the installation of an Emergency Vehicle-only Access gate adjacent to Feeder Trail #1. At least two weeks prior to seeking a final inspection of the residence, the applicant shall provide to the Community Development Department evidence that the Consolidated Fire Protection District has accepted the approved EVA improvements. 5. 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 for staff time and material costs, which exceed 100% of the initial fee payment. BACKGROUND Earlier this year, Dennis Davis,the owner of a 5-acre parcel within a recently established rural residential minor subdivision on Franklin Ridge south of the John Muir Parkway, and west of Mount Wanda Park in the Martinez area, approached staff about constructing a residence on one of the parcels within that subdivision. That subdivision is in an area designated Agricultural Lands in the General Plan and zoned General Agricultural, A-2. The site lies within a virtual solid canopy of hardwood (oak)forest. ..... .. ................................................................................................................................................................................................................. . ..__......._._............ ......... ......... ........_......._..................... ._....._. ......... ....._..... ......... ...._.... December 16, 2003 Board of Supervisors File#TP030035 Page 3 The subject 5-acre site, Parcel"D"was created by a minor subdivision, County File#MS 97-89 on a private road that joins with Dutra Road. The County originally heard and approved the subdivision in 1990. A modification to that approval was subsequently heardand approved in 1996. In addition to creating several parcels, the subdivision required that: • The developer grant deed the development rights(so-canted"scenic easement")to the County; • Residential development be confined to approximate one-acre building envelopes; • Residential development is required to observe a more restrictive building height requirement(max. one-story, 20-feet tall)than is otherwise required by zoning district restrictions; • The applicant was required to convey an EVA-only access to the County to join the terminus of the subdivision road with an unimproved private ranch road to the south of the site, that has also been dedicated by the County as a public;trail (Feeder Trail No. 1), and to provide an EVA-only barrier adjacent to that connecting road. Due to the steepness of the proposed access road and emergency access concerns,the County required the EVA connection at the urging of the Fire Protection District. Development rights are defined as the right to approve or disapprove of any proposed construction, development or improvement within the areas marked restricted development area ("scenic easement"). In 1998, the applicant filed a Parcel Map based on the tentative map approval. The map was approved by staff and the Board of Supervisors, and recorded. With the filing of the Parcel Map, a scenic easement was also granted to the County encompassing much of the site. However,staff cannot find evidence that the required EVA-only connection to Feeder Trail No. 1 was recorded, nor that the required EVA gate barrier was installed. The private road and turnaround to serve the parcels of this subdivision, including the subject site, have been constructed. To date, no building permits have been issued for any of the parcels within the subdivision. 1993 Board Review of Proposed Improvements to Feeder Trail No. 'I Pertaining to a Permit for Another Subdivision (Gostin) In 1993, the Board of Supervisors conducted a hearing on an appeal by the Trail Users Coalition of a County Planning Commission decision on an interpretation of a permit for another rural residential subdivision(Gustin)in the area, File f#MS 55-90. The concern was that County required improvements (paving; gravel) to the adjoining section of Feeder Trait No. 1 which might conflict with public equestrian use of the trail/road. The Planning Commission had ruled _ . ... ......... ......... ......... ......... ......... ............................................................__. _.._......_. ........... ......... ......... ...._.... ..._........ ._........... ......._.. ._....... ......... ......... ......... December 16,2003 Beard of Supervisors File#TP030035 Page 4 on the extent that improvements to this rural road that would be required of this other subdivision project. (The Commission decision limited the extent of paving that would be required to satisfy the off-site road improvement requirement in a mannerthatwould minimize conflicts with equestrian usage of the road/trail.) After taking public testimony on the appeal, the Board denied the appeal and sustained the decision of the Planning Commission. But the Board also allowed for additional study of protecting this section of public trail and establishing other public trails in the area. It should be noted that the Gustin subdivision was never recorded, nor the road improvements envisionedby that approval ever installed. Also, nothing in the approval for the minor subdivision that created the subject site, File#M'S 97-89, or subsequent related approvals, requires any additional improvements to Feeder Trail No. 1. However, the subdivision approval requires that a barrier be installed so as to limit access between the subject subdivision and Feeder Trail No. 1 to emergency vehicles only. Review of Proposed Residence on Parcel D and Related Tree Permit Application Staff has determined that the proposed residence complies with zoning and subdivision permit design criteria. The proposed residential improvements involve the removal of several oak trees on the site. On September 24, 2003, Mr. Davis filed for a tree permit, County File#TP030035,to remove twelve oak trees and to work within the dripline of several more code-protected trees,with trunk diameters ranging between 11 and 24-inches for the proposed residence. The proposal would also allow for the EVA connection to Feeder Trail No. 1 that the County intended to have been established with the subdivision approval. The EVA would extend into a iportion of the site lying within the scenic easement. The applicant provided staff with evidence that the Consolidated Fire Protection District had approved the proposed EVA alignment. The site is located along a designated scenic ridgellne (Franklin Ridge) in the Open Space Element of the General Plan, and is located within the scenic corridor of a designated scenic route, State Highway 4. The proposal would not affect most of the tree canopy on the site. Indeed',the proposal would retain other cede-protected oak trees that will serve to screen the proposed residence and EVA from adversely impacting the views from off-site vantage points including the John Muir Parkway (State Highway 4), and Feeder Trail No. 1. Further, any new alterations to code- protected trees would be subject to approval of a new tree permit application. The applicant also provided a report from a certified arborist concerning;the project's potential for impacting trees to remain. _. ....... .. ......... ......... ......... ......... ......... ......... ......... ..._111.1 1111 ..._. ......... ............ .... ......... ...._._... ...__.... ... ......... ......... ......... ................... December 16, 2003 Board of Supervisors File#TP030035 Page 5 Review with Muir Heritage Land Trust Early in the review of the project, staff discussed it with a representative of the Muir Heritage Land Trust (Tina Batt). The representative did not indicate any concern with the proposed project, including impacts to trees. Compliance with CEQA This project requires that the County exercise discretion, and is therefore subject to the review requirements of the California Environmental Quality Act(CEQA). CEQA is intended to inform decision-makers about the environmental effects of a project priorto any approval. Still,CEQA Guidelines allow certain types of projects as exempt from review procedures of that law. One of the project categories in the CEQA Guidelines that may be determined to be exempt from the review requirements of CEQA are projects involving minor alterations to land (Class 4), Section 15344. That category consists of minor private alterations in the condition of land and/or vegetation that do not involve the removal of healthy, mature scenic trees. The only trees that would be removed by this project are trees that have trunk diameters less than 24-inches. The proposed development would still allow for the retention of most of the trees on the site, including trees that would screen proposed development from off-site views. The proposed removal of trees constitutes a thinning of smaller trees. The project would retain the hardwood forest that covers most of the site. Based on these factors, the Zoning Administrator determined that this project is Categorically Exempt pursuant to the provisions of Class 4 of the CEQA Guidelines. County decision on Tree Permit Staff reviewed the arborist report, prepared by Grant Hamilton, a certified arborist, and site plans; and determined this residence and emergency vehicle access constituted reasonable development provided that certain conditions were met. On October 1, 2003, the Zoning Administrator approved the tree permit application. The permit requires that the applicant comply with the recommendations of the arborist for protecting all of the trees that are to remain, and to provide for a tree protection bond should unintended damage occur. The tree permit also is contingent on the Board authorization of the proposed EVA connection within the scenic easement. Public Notice of decision on Tree Permit -- Following the approval of the tree permit, staff notified the owners of adjacent properties,the City of Martinez,the Muir Heritage Land Trust, and the East Bay Regional Park District of the decision and the time period to file an appeal of that decision to the County Planning Commission. No appeal of the tree permit was filed, so the decision on the tree permit is final. ............... ............................................. December 16,2003 Board of Supervisors File#TP030035 Page 6 DISCUSSION The proposed residential structure lies entirely within the(unrestricted)building envelope. The applicant is proposing to install the EVA and minor driveway and water storage tank improvements within the scenic easement area. Staff is satisfied that the allowance of these facilities will not have any significant visual impacts on the surrounding area. Before a building permit for the residence may issue,the Tree Permit requires the applicant to obtain authorization of the proposed EVA to be placed within the scenic easement from the Board of Supervisors, and the conveyance of the proposed EVA to the County. If the proposed encroachment of the EVA is authorized by the Board of Supervisors,the recommendation also directs staff to work with the property owner for preparation and execution of an acceptable grant of easement, which would be brought back to the Board at a future meeting for acceptance. Staff has reviewed the proposed legal description and instrumentation of the grant of easement with the staff of the Consolidated Fire Protection District and the Public Works Department. As a condition of approval to the proposed scenic easement encroachment, staff is recommending that the applicant be required to install an EVA-only access gate adjacent to Feeder Trail No. I so as to assure that this access connection would only serve emergency access vehicles as part of a building permit for the residence on Parcel D. This would also fulfill a requirement of the subdivision approval. While the Zoning Administrator already determined the project to be categorically exempt prior to approval of the tree permit, the Board of Supervisors should also adopt that CEQA determination prior to any approval of the proposed scenic easement encroachment. CONCLUSION While the project would allow for development along a designated scenic ridgeline, the residential design and existing deed restrictions provide appropriate and sufficient protections to assure that views from the nearby County trail and John Muir Parkway will not be significantly adversely impacted. The project would also allow for appropriate safety access to the subdivision while allowing for a barrier to prevent other vehicular use of Feeder Trail No.'1 from this subdivision. CONSEQUENCE OF A NEGATIVE BOARD ACTION If the Board of Supervisors were to deny the proposed EVA access within the scenic easement, the applicant would not be able to comply with the terms of the tree permit. The intended alternative safety access to the subdivision would be blocked. Finally, because the tree permit December 16, 2003 Beard of Supervisors File#TP030035 Page 7 requirements could not be satisfied, the applicant would not be able to qualify for a building permit for the proposed residence on Parcel D, and the twelve trees that are conditionally permitted to be removed would be required to remain in place. As a consequence, it may be necessary for the applicant to revise the design of the residence on Parcel © before any approval could be considered. 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