HomeMy WebLinkAboutMINUTES - 06031997 - C106 ;,. Contra
�s Costa
TO: BOARD OF SUPERVISORS County
FROM: HARVEY E. BRAGDON• _ ~~
DIRECTOR OF COMMUNITY DEVELOPMENT °SrAcou
DATE: May 10, 1997
SUBJECT: Request for a Two-Year Extension of the Filing Period of the Final
Development Plan, County File #DP943013 allowing for a Second Residence
at #1995 Lackland Drive in the Danville area (John & Charleen Weber -
Owners)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve the first two (of potentially five) one-year extensions of
the filing period to commence construction specified in the final
development plan to extend to May 2 , 1998 .
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1982, the County approved the rezoning of a 101-acre parcel at
the end of Lackland Drive to the Planned Unit (P-1) District. That
approval also included the tentative approval of a subdivision
application and final development plan allowing up to 21 lots on
the site . However, the subdivision and final development plan
application were allowed to lapse, while the P-1 rezoning remained
in effect .
In 1994, the current owner applied to the County for a new Final
Development Plan, County File #DP943013, to allow the development
of a second residence on the property. While no primary residence
on the property had been developed, a primary residence was
authorized under the P-1 ordinance without the requirement for
approval of a Final Development Plan. However, the P-1 ordinance
only allows the establishment of a second residence with approval
of a Final Development Plan.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECObMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO TTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON June J, 17 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Bob Drake (335-1214)
Orig: Community Development Department ATTESTED June 3, 1997
CC: Gagen, McCoy, McMahon & Armstrong PHIL BATCHELOR, CLERK OF
John & Charleen Weber THE BOARD OF SUPERVISORS
County Counsel COUNTY ADMINISTRATOR
BY DEPUTY
.f
On April 29, 1995, the second residence FDP application, was heard
by the San Ramon Valley Regional Planning Commission. The
residence was proposed to be located along one of the ridgelines of
the property. One of the concerns at the time of that review was
to make sure that the residence would not adversely affect the
views of this site from surrounding properties . Ultimately, the
project was approved by the Planning Commission. Modifications to
the design of the house were provided and conditions of approval
added to assure the protection of visual qualities of the site.
Under the P-1 Ordinance, the period for acting on an approved Final
Development Plan (FDP) extends twelve months from the approval
date, but the period for commencing residential development may be
extended by extension requests from the applicant . In this case,
the permit allowed for an initial filing period extending to May 2,
1996 to begin the project . The Ordinance allows for up to five
one-year extensions on a Final Development Plan.
Previous Extension Request for File #DP943013
Prior to the expiration period indicated on the initial permit, the
applicant filed for a one-year extension of the ordinance .
However, instead of forwarding the request to the Board of
Supervisors for review as specified in the P-1 Ordinance, the
request was administratively approved by the Community Development
Department . The approval indicated that the filing period was
extended to May 2, 1997 .
More recently, the error in the processing of the FDP extension
request came to the attention of staff, at which time staff advised
the applicant that the matter would have to be considered by the
Board. There is no evidence of any fault on the part of the
applicant for failing to be attentive to the status of these
permits .
Current Permit Extension Request
Development of the second residence on the property has not yet
commenced, but the applicant is still interested in pursuing this
entitlement . In a letter dated April 30, 1997, the applicant ' s
legal counsel is requesting correction to the processing of the
initial one-year extension request, and concurrently seeking a
second one-year extension.
The applicant has provided evidence that they are beginning to
develop the property. Staff recommends that the request be
granted.
RECENT REVIEW OF ENTITLEMENT ACTIONS ASSOCIATED WITH DEVELOPMENT OF
PRIMARY RESIDENCE
In 1996, the applicant had applied for a grading permit and tree
permit for the proposed primary residence. The owners of nearby
properties were notified of the proposed development and a request
for hearing was filed by the White Gate Homeowners Association.
Hearings were held before the Zoning Administrator. On March 17,
1997, the Zoning Administrator approved the tree permit and
recommended that the Building Inspection Department issue a grading
permit subject to conditions . Subsequently, a grading permit was
issued by the Building Inspection Department .
No appeal was filed on either the grading permit or the tree
permit . It is staff ' s understanding that the applicant has been
discussing with the Whitegate Homeowner' s Association that
Association' s concerns with the project .
C: \wpdoc\dp943013 . rpt
RD\
-2-
LAW OFFICES OF
GAGEN, MCCOY, MCMAHON & ARMSTRONG
WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE
GREGORY L. MCCOY 279 FRONT STREET
PATRICK J. MCMAHON
P. O. BOX 218
MARK L. ARMSTRONG DANVILLE, CALIFORNIA 94526-0218
LINN K. COOMBS TELEPHONE: (510) 837-0585
STEPHEN W. THOMAS
FAX: (510) 836-5985
CHARLES A. KOSS
MICHAEL J. MARKOWITZ -
NAPA OFFICE
MICHAEL W. CARTER
1001 SECOND STREET, SUITE 315
RICHARD C. RAIN ES
NAPA, CALIFORNIA 94559-3017
VICTOR J. CONTI April 30, 1997
96
BARBARA DUVAL JEWELL TELEPHONE: (707)
FAX: (707) 224-581-58177
ROBERT M. FANUCCI -
ALLAN C. MOORE
PLEASE REPLY TO:
PATRICIA E. CURTIN
STEPHEN T. BUEHL
ALEXANDER L. SCHMID Danville
Harvey Bragdon, Director
Community Development Department
Contra Costa County .�
651 Pine Street, 4th F1 . , N. Wing ' R�
Martinez, CA 94553
-
Re: Final Development Plan No. 3013-94 '= a
DeBolt Civil Engineering, Applicant Fir
John and Charlene Weber, Owners
1995 Lackland Drive _
M .. z
Dear Harvey.: --� c.0
Effective May 2, 1995, the San Ramon Valley Regional Planning
Commission approved a final development plan for a.second residence
on the Webers, one hundred acre parcel off Lackland Drive in Alamo.
A copy of the "Approved Permit" and "Conditions of Approval for
Final Development Plan 3013-94" are enclosed for your convenience.
A timely request for an extension of the final development plan
approval was filed by Gene DeBolt on behalf of the Webers prior to
May 2, 1996 . A copy of that request and a copy of the County
response granting the extension are enclosed, too. Since that
earlier request was timely filed, the P-1 zoning on the site and
the final development plan remain in effect.
At this point, John and Charlene Weber have pulled the grading
permit for the first residence . They expect to soon pull the
grading permit for the second residence. Grading to create both
building pads will likely commence in May. The Webers anticipate
submitting an application for a building permit on the second
residence in the next several months.
The grading permit application and tree removal permit process for
the first residence took several months to complete. Therefore,
completing the grading and building permit process for the second
residence has been delayed. The Webers only want to build the
second residence if they can build their primary residence on their
property, too.
Harvey Bragdon
April 30, 1997
Page 2
Given the fact that a grading permit and a building permit for the.
first residence has been pulled, the grading permit for the second
residence will soon be pulled, and grading for both residences,
driveway access and related improvements will commence shortly, in
my judgement sufficient construction has commenced such that an
extension of Final Development Plan No. 3013-94 is not necessary.
Nonetheless, as a precautionary matter I am making this extension
request on behalf of the Webers . Please schedule this extension
request for consideration by the Board of Supervisors in a timely
manner. I assume it will be on the consent calendar. If the
extension request from last year has yet to be formally adopted by
the Board of Supervisors, then as a technical matter its adoption
could also be included in the documentation you present to the
Board of Supervisors on this latest extension request .
Enclosed is a check in the amount of $935 to cover the extension
request fees. Gene DeBolt has been informed by staff that is the
correct amount for this particular request . If you have any
questions or if that amount is incorrect, please give me a call .
Please let me know when this matter will be scheduled before the
Board of Supervisors .
Very truly yours,
Jak L. Armstrong
MLA:kh
Enclosures
cc w/encs. : John and Charlene Weber
Gene DeBolt
F:\CLMLA\27787\BRAGDON.LTR
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT 3
APPLICANT: DeBolt Civil Eng. APPLICATION NO. DP943013
811 San Ramon Vly. Blvd.
Danville, CA 94526 ASSESSOR'S PARCEL NO. 194-070-078
OWNER: John Weber. APPROVED ZONING: P-1
680 Shari Lane
Danville, CA 94526 EFFECTIVE DATE: May 2, 1995
APPROVAL DATE: April 29, 1995
This matter not having been appealed within the time prescribed by law, a permit for:
for a second residence in a P-1 zoning is hereby GRANTED subject to the attached conditions.
HARVEY E. BRAGDON, Director
Community Development Department
Dennis M. Barry, AICP
Deputy Director - Current Planning
PLEASE NOTE THE EFFECTIVE DATE. and be aware of the renewing requirements as no further
notification will be sent by this office.
Unless otherwise provided, THIS PERMIT WILL EXPIRE ONE (1) YEAR from the effective date if
the use allowed by this permit is not established within that time.
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3013-94(DeBolt/Weber) PER
4/1.9/95 San Ramon Valley Regional Planning Commission Aaaroval
1. This application is approved subject to the revised site plan dated received by the
Community Development Department on December 28, 1994.
Geotechnical
2. At least 60 days prior to issuance of a grading permit, or installation of improvements
or utilities, submit a preliminary geology, soil, and foundation report meeting the
requirements of Subdivision Ordinance Section 94-4.420 for review and approval of
the Zoning Administrator. Improvement,grading, and building plans shall carry out the
recommendations of the approved report. (Mitigation Measure)
Tree Protection
3. At least 60 days prior to issuance of a grading permit, or installation of improvements
or utilities, submit an arborist report supplemental to the Arborist Report prepared by
William F. Owen and dated July 23, 1994, for the review and approval of the Zoning
Administrator. The purpose of the supplemental report is.to consider the pad location
changes identified in the revised site plan dated received December 28, 1994 and
review the measures identified for the protection of the existing trees adjacent to the
project site. The supplemental report shall estimate the replacement value of the trees
to be protected and shall recommend a program for replacement of trees in the event
that they are damaged during construction. Improvement, grading, and building plans
shall carry out the recommendations of the supplemental Arborist Report. [Mitigation
Measure]
4. Prior to issuance of a grading or building permit, the applicant shall post a bond with
the Community Development Department covering all mature trees in proximity to the
development site. The bond is intended to provide security against damage to the
trees during initial construction of the second residence. The bond shall minimally
extend during the period of construction activity. Prior to release of the bond, the
arborist shall inspect the trees and report to the Zoning Administrator.
Construction
5. Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power
generators, 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. The
restrictions on allowed working days may be modified on prior written approval
by the Zoning Admir�5trator.
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 a,ir compressors and
concrete pumpers as far away from existing residences as possible.
2
C. At least one Nveek 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 the individual responsible for noise and litter
control shall be expressly identified in the notice. The notice shall be reissued
with each phase of major grading 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. This shall include provision for an on-site area in which to park earth
moving equipment.
Road and Drainage Considerations
6. Comply with drainage, road improvement, traffic and utility requirements as follows:
A. .General Requirements:
1) Improvement plans prepared by a registered civil engineer shall be
submitted to the Public Works Department, Engineering Services
Division, along with review and inspection fees, and security for all
improvements required by the Ordinance Code or the conditions of
approval for this project.
2) This development shall conform to the requirements of Division 914
(Drainage) of-the Subdivision Ordinance. The following requirements
must conform with Division 914:
_
. . /
' . (
-
3
a' Drainage, road and utility improvements shall requirethe review
and approval ofthe Public Works Department. This development
shall comply with the requirements of (Title 9) and (Title 10) of
the County Ordinance Code. Any exceptions therefrom must be
specifically listed inthis conditional approval statement.
b' The drainage, road and utility improvements outlined below shall
require the review and approval ofthe Public Works Department
and are based on the plan rgceixed by the Community
Development Department on December 28, 1994'
B. Roadway Improvements*
Applicant shall construct cul-de-sac at the terminus of Look|and Drive to
County public road standards and convey to the County, by offer of dedication
corresponding right ofway and improvements.
C. Sight Distance:
Grading' thrnndnQ of. vegetation, pavement widening and realignment of the
.
proposed access shall be performed within the road right of way and on subject
property to provide for the mna»irnurn attainable sight distance along LgcWand
Drive'
D. UtiUtiee/UndergroundinQ �
All new utility distribution services shall be installed underground.
E. Drainage Improvements:
1) Division 914 of the Ordinance Code requires that all storm vvo1erm
entering or originating within the subject property shall be oonveyed,
without, diversion and within anadequate storm drainage facility, to a
natural watercourse having definable bed and banks, ortnan existing
adequate public storm drainage facility which conveys the storm waters
toanatural watercourse.
2)' Anexception from the collect and convey requirements ofthe ordinance
Code is granted, providing the increase of impervious surface area
(building footprint of structures) is |eao than 1500 square feet and that
the applicant maintains the existing drainage pattern and does not
dispose concentrated storm water run-off onto adjacent property.
_
`
` 4
Archaeology
7. 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.
Scenic Easement and Screening of Water Tank
8. Prior to the issuance of a building permit for the subject residence, the Applicant shall
provide evidence satisfactory to the County Zoning Administrator that a grant deed of
development rights has been dedicated to the County for creation of a scenic easement
and screening of a water tank. Prior to recording the grant deed, the proposed
instrument shall be subject to the review and approval of the Zoning Administrator.
The instrument shall allow for the establishment of a 20,000 gallon water tank and
maintenance access road as shown on the approved site plan.
9. Prior to construction of the water tank and maintenance access road in the northeast
corner of the site, the Applicant shall submit a development plan for the review and
approval of the Zoning Administrator. The plan shall provide for the screening of the
site from off-site views.
Future Development
10. Any amendment to the development plan shall be subject to the review and approval
of the Planning Commission. In the event that any additional residential structures are
to be constructed, said structures shall be subject, at a minimum, to the same
standards as apply to the residence approved herein as well as any additional standards
as may be applied at the time of the submission of the request.
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 REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the
Board of Supervisors.
5
B. The applicant shall be required to comply with all rules, regulations, and procedures
of the National Pollutant Discharge Elimination Systems (NPDES) for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board, or any of its Regional Water Quality Control Boards (San
Francisco Bay - Region 11 or Central Valley -Region V)
C. Comply with the requirements of the Central Contra Costa Sanitary District.
D. Comply with.the requirements of the San Ramon Valley Fire Protection District,
E. Comply with the requirements of the East Bay Municipal Utility District.
F• Fees: This project is subject to the following development fees. These fees are in
addition to any other development fees which may be specified in the conditions of
approval.
The fees include but are not limited to the following:
Park Dedication $2000 per residence.
Child Care $ 400 per residence.
Note: Fee rates indicated here are those at the time of application processing and
are subject to change.
An estimate of the fee charges for Each approved lot may be obtained by contacting
the Building Inspection Department at 646-4992.
DLT/RHD/aa
DPXV/3013-94C.DLT
3/1/95
rev. 4/20/95
HAND CARRY
DeBolt Civil Engineering
811 San Ramon Valley Boulevard
Danville, California 04526
April 30, 1996 D 510 837-3780
Job No. 80112
Mr. Harvey Bragdon
CONTRA COSTA COUNTY
Community Development Department
651 Pine Street, North Wing
Martinez, CA 94553
Dear Harvey:
On behalf of the property owner, we hereby request a one year extension to
Development Plan 3013-94 which is due'to expire*in May.
Enclosed is a check for $165 to cover the fee. The extension Is necessary in
order to finalize building plans.
Thank you for your assistance in this matter. Please can if you have any
questions.
DEBOLT CIVIL ENGINEERING
Eugene F. DeBolt
EFD:sk
Enclosure
cc: Mr. and Mrs. John Weber
Community Contra Harvey f Bragdon
o
Development Director of Community Development
Department Costa
County Administration Building County
651 Pine Street
4th Floor, North Wing F'`
Martinez;California 945530095 -
Phone: 510-646-1600 t
May 14, 1996 MAY I
Gone DeBolt
DeBolt Civil Engineering
811 San Ramon Valley Blvd.
Danville, California 94526
Re: DP 3013-94 ,
Dear Mr. DeBolt,
In response to your request for an extension of time to establish
your use approved under Development Plan 3013-94 , I hereby
authorize a 1 year extension to expire on May 2, 1997 .
If your application required payment of a fee for the Fish and Game
Department which has not yet been paid, your application decision
is not and will not be considered final or vested until the fee is
paid.
i cerely,
Donna Allen
Planning Technician Specialist
DA: lz
cc: DP 3013-94