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TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY AICP _ `� '� r Costa
COMMUNITY DEVELOPMENT DIRECTOR
County.
DATE: MAY 8, 2001
SUBJECT: HEARING ON THE APPEAL BY PETER AND INES RAUCH, ET AL,OF THE COUNTY
PLANNING COMMISSION APPROVAL OF A DEVELOPMENT PLAN AND VARIANCE
APPLICATION FOR A SINGLE FAMILY RESIDENCE ON A SUBSTANDARD LOT IN
THE KENSINGTON AREA (CHRISTINE CHANG — APPLICANT & OWNER).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. CONSIDER the resolution of the County Planning Commission denying the appeal
and approving the project;
2. FIND the Categorical Exemption adequate for the purposes of considering this
project;
3. ACCEPT any additional information regarding the status and outcome of the
mediation scheduled for May 3, 2001;
CONTINUED ON ATTACHMENT: X YES SIGNATUR
X Lz:;.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON_May 8 . 2001 APPROVED AS RECOMMENDED OTHER .X_x
SEE THE ATTACHED ADDENDUM FOR BOARD ACTION
AND VOTE
VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(AB NT ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: ES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
ontact: Catherine Kutsuris(335-1210) ATTESTED May 8 , 2001
cc: JOHN SWEETEN, CLERK OF THE BOARD OF
SUP RVISORS AN COUNTY ADMINISTRATOR
CK/mp BY , DEPUTY
S:\curr-plan\Board\Board Orders\Chang May 8, 2001.doc
May 8, 2001
Board of Supervisors
File#DP003019 &VRO01039
Page 2
4. DECLARE the intent with respect to the Board's decision on the appeal and the
proposed development plan and variance;
5. DIRECT staff to return to the Board at a date certain with the findings.
FISCAL IMPACT
None. The applicant is responsible for funding the cost of the staff analysis.
BACKGROUND
The appeal by Peter and Ines Rauch, et al, of the Planning Commission's approval for the
development plan and variance application was heard by the Board on April 10, 2001. Following
that hearing, the applicant and the appellants agreed to participate in a mediation process. There
was significant progress made at the first mediation session which was held on April 27, 2001. The
second mediation session is scheduled for Thursday, May 3, 2001. The Board will be provided
with an update of the outcome of that mediation at the May 8, 2001 hearing.
ADDENDUM TO ITEM D.1
May 8, 2001 Agenda
On April 10, 2001, the Board of Supervisors continued to this date and time, the hearing
on the appeal by Peter and Ines Rauch; Victoria Galland; Renee Benoit and David Girard;
Ivanna Dietrich; and Lisa Goldberg and Ken Ribet (Appellants), from the decision of the
County Planning Commission acting as the Board of Appeals, on the request by Christine
Chang (Applicant and Owner) for a Development Plan Application and Variances for a
3,049 square foot single family residence on a substandard sized lot for purposes of
determining neighborhood compatibility, with variances to allow a zero-foot front .
setback(minimum 20-feet required); a zero-foot side setback (minimum 5-feet required);
and a 4' 6" side setback(minimum 5 feet required). The Board of Supervisors may also
consider requiring the expansion of the garage, which would require a variance to the
front yard setback(0 feet to be considered; 20 feet required) Kensington area. (#DP00-
3019, and File#VR00-1039).
The Board of Supervisors, by unanimous vote, waived the public notice, and determined
that they would consider the Mediation Agreement presented this date.
Catherine Kutsuris, Deputy Director, Community Development Department, presented
the staff report and recommendations. She stated that the Mediation Agreement and
revised set of Conditions (see attached) were agreed to by the parties on this matter.
She further suggested that Condition#17 be revised in the following manner:
(A). In the second sentence, Applicant agreed to limit the second-story North
facing windows to no more than three, one in each of the three rooms, and the
same size windows as shown on the August 16, 2000, elevations.
Supervisor Uilkema called for public comment, and Appellant Peter Rauch, 105 Ardmore
Road, Kensington, expressed appreciation for resolving this matter. Those desiring to
speak having been heard, the Board continued their discussion.
Following that discussion, Supervisor Gioia made the following motion:
1. Consider the Resolution of the County Planning Commission denying the
appeal and approving the project;
2. Find the Categorical Exemption adequate for the purposes of considering this
project;
3. Accept any additional information regarding the status and outcome of the
mediation, (as was done);
4. Approve the appeal and the project with the modified Conditions as set forth in
the Memorandum from Dennis Barry to the Board of Supervisors, dated May 8, 2000.
5. And use the County Planning Commission findings with modifications that
reflect the revised Conditions, as the basis for approval.
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Ms. Kutsuris advised the Board that the motion should include a correction to Condition
#9, wherein the first sentence should state 6 x 16 feet instead of 6 x 6 feet. Also, that
Condition #17 is amended as stated above in Paragraph A.
Supervisor Gioia stated that he concurred. Supervisor Glover seconded the motion with
those inclusions.
The vote on the motion was as follows:
AYES: SUPERVISORS GIOIA,GERBER,DeSAULNIER,GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Christine Chang APPLICATION NO. DP003019
32 Highland Blvd VR001039
Kensington,Ca 94707 ASSESSOR'S PARCEL NO. 571-100-013
ZONING DISTRICT: M-7
OWNER: SAME APPROVED DATE: 5/8/2001
EFFECTIVE DATE: 5/8/2001
This is to notify you that the Board of Supervisors has granted your request for a development plan,
subject to the attached conditions a permit AUTHORIZING THE APPROVAL TO CONSTRUCT A
3,049 SQUARE FOOT SINGLE FAMILY RESIDENCE ON A SUBSTANDARD LOT WITH
VARIANCES TO ALLOW A ZERO-FOOT FRONT SETBACK(MINIMUM 20-FEET REQUIRED);
A ZERO-FOOT SIDE SETBACK(MINIMUM 5-FEET REQUIRED); AND A 4'6" SIDE SETBACK
(MINIMUM 5 FEET REQUIRED) in the KENSINGTON area is hereby GRANTED, subject to the
attached conditions.
DENNIS M. BARRY, AICP
Community Development Director
By: —�
CATHERINE KUTSURIS
Deputy Director
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,you have 12 months from the approval
date to obtain a building permit.
S:\Current Planning\Templates\SHELLS\MS PERMIT SHELL.doc
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN PERMIT DP003019 AS APPROVED
BY THE BOARD OF SUPERVISORS ON MAY 8, 2001.
1. This development plan permit is approved for the addition of a single family residence as
generally shown on the plans submitted to the Community Development Department dated
August 16, 2000, subject to the conditions of approval outlined below and subject to the:
(a) Exhibit A—Parking
(b) Exhibit B —Garage
(c) Exhibit C—Second story footprint
2. A Building Permit is required. A general advisory note will require that the applicant comply
with the requirements of the Department for securing necessary permits. The applicant must
comply with all Conditions of Approval prior to issuance of a Building Permit and prior to the
initiation of the use proposed under this permit.
3. Applicant shall comply with Title 8, Title 9 and Title 10 of the Ordinance Code. Any
exceptions are stipulated in the Conditions of Approval.
4. Approval is granted to allow the variances as indicated below; they meet the intent of Section
26-2.2006 of the County Ordinance Code which outlines the requirements for a variance.
a. Zoning Regulation:
ation:
20' front setback required
Variance:
0' front setback granted to allow modifications to the existing garage
b. Zoning Regulation:
5' minimum side yard setback required
Variance:
0' side yard setback granted to allow modifications to the existing garage
C. Zoning Regulation:
5' minimum side yard setback required
Variance:
4'-6" side yard setback granted for the portion of the north side of the structure
which is located at the same position as the previous building foundation.
2
5. The location of the driveway shall be as shown on the May 3, 2001 parking exhibit.
(a) The north driveway line at the street shall be no closer than four feet from the north
property line.
(b) The south driveway line at the street shall be no closer than twenty-two feet from the north
property line.
6. The garage shall be as shown on the May 3, 2001 garage exhibit. The applicant shall provide a
two car garage, with a minimum door width of sixteen feet. The garage may include a door on
the south side of the structure. A flat roof design shall be used for the garage as shown on
Exhibit B. This information shall be shown on the building permit application.
7. The applicant shall install a vertical rise garage door and automatic garage door opener on the
garage door. Compliance with this requirement shall be verified prior to the issuance of a final
building permit.
8. The driveway ramp shall be modified to provide unobstructed access to the garage. The
applicant shall obtain an encroachment permit from the Application and Permit Center, if
necessary, for construction of driveways or other improvements within the right-of-way of
Ardmore Road. Compliance with this requirement shall be consistent with the parking
agreement as shown on the May 3, 2001 Exhibit A and shall be verified prior to the issuance of
a final building permit.
9. The stairway landing above the garage shall be limited in size to 6 x 16 feet. The intent of this
condition is to allow the lengthening of the landing as necessary based on the widening of the
garage, while ensuring that the landing size is limited to that which is necessary to provide
access, and to restrict any "oversizing". The remaining portion of the garage roof shall be
finished as a flat roof, and shall not be improved for use as a deck or overlaid with a deck.
Upon the finding that the widened garage requires a slightly longer landing, the Zoning
Administrator may increase the size to 6 x 18 feet.
10. The elevation of the top roof ridge shall be lowered twelve inches by lowering the plate height
of the second story, the pitch of the roof or a combination of both. The roof pitch shall not be
increased from the pitch shown in the 8/16/2000 plans.
11. Fencing or walls along the northern side yard shall be no more than 3 feet in height. The
fencing or wall may increase to full height in the backyard.
12. The crawl space below the first floor shall have a floor to ceiling height of less than 6 feet, and
the distance from the finished grade to the floor level of the first floor shall measure less than 6
feet.
13. No roof eave shall extend more than 6 inches beyond the exterior wall of the building.
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14. Construction activities shall be limited to the hours of 8:00 AM to 6:00 PM Monday through
Friday and 10:00 AM to 4:00 PM on Saturdays, and shall be prohibited on Sundays and on state
and Federal holidays. Construction on Saturdays shall cease after the structure is weather-tight.
15. The four trees proposed to be planted along the northern boundary of the back yard between the
residence and the existing redwood trees shall be of a small ornamental variety. The size and
type of trees shall be identified on the landscape plan. The proposed landscape plan shall be
submitted to the Zoning Administrator for review and approval prior to the issuance of a
building permit. The approved plan shall be installed prior to the issuance of a final building
permit.
16. North facing side windows in the downstairs bathroom, laundry room, office and bedroom shall
either use obscure glass, shall have a minimum sill height of 4'8" or shall be eliminated from
the plans. The applicant has agreed to limit the second story north facing windows to one each
in the Master Bedroom, the Sitting Room and the Dressing Area. The applicant has agreed to
eliminate the second story south facing window in Bath #2 and the first floor north facing
window in the Bedroom. Windows shall be of the same size shown on the August 16, 2000
elevations.
17. The second story hip roofs shall extend no less than one-third of the width of the gable, and the
hips shall not be obtained by extending the overhanging cave. The hip of the living room roof
shall conform in proportion to the second story hips except as necessary to accommodate the
living room crescent window. The pitch of the roof hips shall not be less than thirty-five
degrees.
18. Prior to the issuance of building permit, the applicant shall submit revised designs to the Zoning
Administrator for review and approval which incorporate the conditions herein including:
(a) The east portion of the second floor north wall shall be moved four feet six inches to the
south as shown on the May 3, 2001 Exhibit C. A shed roof shall be added.
(b) The sitting room and deck shall be modified to conform with the May 3, 2001 Exhibit C.
(c) The south railing of the deck shall be designed to provide privacy for the residents to the
south(e.g. solid wood, slanted wood slats).
The front massing shall be reduced by the following design changes:
(d) The roof slopes of the living room and the two front bedrooms shall be changed to a 8:12
slope.
(e) A "Dutch hip"shall be added to the roof over the living room.
(f) The face of the master bedroom wall shall be moved east three feet; the window shall be
moved east two feet. The window projection will include a"Dutch hip"dormer.
(g) The face of bedroom #3 shall be moved east three feet; the west window of bedroom #3
shall be moved east two feet. This window projection will include a"Dutch hip"dormer.
(h) The front first floor roof pitch shall be modified to extend from the plate to the bottom of
the second story window trim.
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(i) The front second floor window boxes shall be eliminated.
19. This application is subject to an initial application fee of$795.00 for County file #DP003019
and $1000.00 for County file #VR001039 which was paid with the application submittals, plus
time and material costs if the application review expenses exceed 100% of the initial fee. Any
additional fee due must be paid within 60 days of the permit effective date or prior to use of the
permit whichever occurs first. The fees include costs through permit issuance plus five
working days for file preparation. You may obtain current costs by contacting the project
planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance.
20. Prior to the issuance of a building permit, submit to the Zoning Administrator for review and
approval, feasible alternatives to venting the laundry room toward the side yard area. The
applicant shall implement the alternative as approved by the Zoning Administrator.
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. Additional requirements may be imposed by the Fire District, the Health Department, and the
Building Inspection Department. It is advisable to check with these departments prior to requesting
a building permit or proceeding with the project.
B. The Building Inspection Department will require two sets of building plans which must be stamped
by the Community Development Department and by the Sanitary District or, if the site is not within
a Sanitary District, by the County Health Department.
C. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare
Ordinance for the Kensington Area of Benefit and the WCC Regional Area of Benefit, as adopted
by the Board of Supervisors. Since the applicant is not creating an additional living unit, she will
not be obligated to pay the area of benefit fee.
D. 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
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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.
KG
8/31/2000
10/2/00 rev.k.p.
CK/mp
5/07/01
6/26/01
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