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Home My WebLink AboutMINUTES - 05132003 - C64 TO: BOARD OF SUPERVISORS K. Contra FROM: DENNIS M. BARRY, AICP r4 Costa COMMUNITY DEVELOPMENT DIRECTOR jOunty DATE: May 13, 2003 Y� SUBJECT: PROPOSED PLAY STRUCTURE/TREE HOUSE IMPROVEMENTS WITHIN A SCENIC EASEMENT ON SHELL RIDGE AT 313 LA CASA VIA IN THE WALNUT CREEK AREA, COUNTY FILE #TP030002 (SUP. DIST. III) SPECIFIC REQUEST{S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION I. Approve a minor improvement to be located within a grant deeded scenic easement on Shell Ridge. CONTINUED ON ATTACHMENT: X YES SIGNATURE, { RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)�:�",-"!f� amanow ACTION OF BO ON 1 ZVVJ APPROVED AS RECOMMENDED Xx OTHER_ V91E OF SUPERVISORS NONE I HEREBY CERTIFY THAT THIS Is A TRUE AND UNANIMOUS(ABSENT r_ } CORRECT COPY OF AN ACTION TAKEN AND AYES; Nt7ES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT; ABSTAIN. SUPERVISORS ON THE DATE SHOWN DISTRICT III SEAT VACANT Contact., Bob Drake(335.1214) ATTESTED MAY 13, 20013 cc Building Inspection-Code Enforcement JOHN SWEETEN, CLERK OF THE BOARD OF Drew Hagen(Applicant) SUPERVISORS AND COUNTY ADMINISTRATOR City of Walnut Creek Community Development Department(trig.) BY ,DEPUTY May 13, 2003 Board of Supervisors File##TP030002 Page 2 FISCAL IMPACT Done. 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 The subject site, 318 La Casa Via, was created by a minor subdivision, County File # M5960012. It lies on the northeast-facing slope of the lower section of Shell Ridge. Condition of approval''#8, of the minor subdivision, required the development rights of a portion of this property to be grant deeded to the County, creating a scenic easement so as to be consistent with the 1977 Shell Ridge Specific Plan. Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction,development or improvement within the areas marked restricted development area ("scenic easement"). Currently there is a play structure, partially built, that is located within this scenic easement. The Building Inspection Department conducted a site visit that was prompted by a neighbor's complaint of construction within the scenic easement. On December 12, 2002 the Building Inspection Department issued a letter to the applicant,Brew Hagen,which determines that the structure does not need a building permit as outlined under the 2001 California Building Code. The Building inspection Department referred the applicant to the Community Development Department to clarify the course of action required to develop within a scenic easement. The Community Development Department determined that an approval of a tree permit was required in order to conduct work within the dripline of code protected trees and,if a tree permit is approved it would be contingent upon the Board of Supervisors approving development within a deed restricted scenic easement. On January 15, 2003 Mr. Hagen filed for a tree permit, County File #TP030092, which was a requestto work within the drpline of two code protected trees; an oak tree with a trunk circumference of 35-inches and a multi trunk Buckeye with trunks circumference ranging from 15 to 36 inches. As a courtesy, staff referred the project to the City of Walnut Greek, which indicated in a letter that there was no objection to the proposed improvements within the scenic easement. Staff reviewed the arborist report, prepared by Pennie Rose, a certified arborist, and site plans. Staff determined this play structure was not a significant impact to the code protected trees. Staff then issued the notice of the Zoning Administrator decision pursuant to the provisions of the Tree Protection Ordinance indicating that the last day to file an appeal would be on April 7, 2003. The notice was issued to the owners of property that adjoin the site. No appeal having been timely filed, the tree permit approval became final. May 13,2003 Board of Supervisors Pile#TP030002 Page 3 One of the requirements of the tree permit is that the Board of Supervisors authorize the proposed structure within the scenic easements (COA#3), Building Inspection Department ContraCartes Baltodano ! Director of Building inspection PROPERTY CONSERVATION DIVISION CQ0'n NEIGHBORHOOD PRESERVATION PROGRAM 651 Pine Street,4th Floor County 1 Martinez, Calitomia. 94553-0152 PCL? (925) 335-1 ill NPP (925) 335-1137 , FAX (925) 646-4450 December 12, 2002 Drew &Susan Hagen TRE 318 La Casa Via Walnut Creek, CA 94598 SITE 318 La Casa Via, Walnut Creek APN: 140-220.018 REF: RF02-00985 Dear Mr. &Mrs. Hagen, This is in response to our phone conversation of December 10, 2002 regarding the play structure located within the scenic easement/no build zone at the rear of the property known as 318 La Casa Via within the unincorporated area of'Walnut Creek. As discussed in the conversation, the Building Inspection Department has determined that the structure does not need a building permit under the 2001 California Building Code. However, construction of this type of structure within the scenic easement/no build zone still needs to be clarified by the Community Development Department and it is understood that you have conducted preliminary discussions with key staff of that department. In order for you to complete this task and develop the necessary documentation for a presentation I will allow an extension until 117/03 by which time the case file will return to me for further review. If you require any additional information, I may be reached at (925) 335-1142 any workday between 7:30 and 10:00 am. Our offices are closed the first, third and fifth Friday of every month. Sincerely. Phil Ludolph Building Inspector I PAL.jbp W:ttrRAL.Hageu.Drew.Dec02 This application for a tree permit is being submitted so that the County of Contra Costa can review the building of a children's play structure that is being built on our property at 318 La Casa Via(AP # 140-220-018). We are not removing any of the trees on our property. Part of our property has a scenic easement designation to it and that easement states that the County of Contra Costa needs to approve any"Development"with-in this scenic easement. (see attached scenic easement document pages 4-6). The county cede enforcement division had physically been to our property and has concluded that the play structure does not need a building permit. (see attached letter from Phillip Ludolph page 3 {Contra Costa Building Inspector I Code Enforcement Officer ) and Fred Fung {Senior Structural Engineer Building Inspector)). We have hired a county certified Arborist to review any impact that the play structure may have on the surrounding trees. (see attached report page '13, 14 from Living Arts Services). Their conclusion is that there has not been and will not be any negative impact on the trees due to the play structure. We have attached scale drawings of the entire lot, the easement area, the play structure, all the trees with-in 50' that are over 20" in diameter or multi- trunk trees that have a total of 40"in combineddiameter, with their drip lines and all the bushes and trees with-in 50'. The trees with-in the scenic easement are mostly buckeyes trees/bushes with a few oak trees. The buckeye trees are notes by alpha designations and the oak trees are notes by numerical designations (see attached page 11). We have also enclosed photographs so we can see the play structure. The photographs are before we painted the framing. Our intentions are to paint the structure using colors that match the natural surroundings so that the structure will blend into the hill side. All we are trying to do is build a play structure for our kids (6 and 9 year olds) to enjoy. We took dawn the play structure that was in that same spot before because it was unsightly and was not safe. If you any questions please feel free to call me (Drew Hagen) at 925-330-0584. Thank. You, The Hagen Family(1/16/03) ±� a dtl9'ptl i N � b f CJQ > W 0 ut u F � 'ter etl 8 - y 0 r �`*..l � lily � �,p• � IN � S\W tA .,�+ Nszvc f 41 - . 1✓r YO N I�{ Y ir� rail t y ton 0 � f13 � � � ��ls� �,► 5a -W N CJ 409, d m �� ■ose 111113%. ��1��R��►just�,��l�Rt►r �� ' ��,r. r� er�:aE EP �� ' i/t► w o ♦, IN � ♦sem�t,= �" � '� f',� �►• ?; ' a;�< 14 EWA RE r,W�W, jj-J� 54 W,Aw I i►♦ 4,� fi, , . ♦ 4 *Mr 4 s �•� �* �� A� r a qtr �!�� ` i ♦♦aa sataasq ®4,,. � =Y"F4®I .: = � J .. 1► ' � 14♦�f � __ s �,..fl/,tom"` ✓�,�� ` `.� ` I7 s_t.:, $yip'® G�t ��►♦�► :�► Fail p , NO_ lei Di 1� •� 218'-0" FENCE LINE FENCE LINE - z obi 0° A l25'-Cp A A 3� rp W ---Dear fm m loemed with"p[opg LU N w � a w w � w U LL Z ui � 4wL v }y � Y ]j FENCE LINEFENCE LINE f HAGEN RESIDENCE Driveway intersects APN#540-220-0I8 o s ro is zs ss so with La Casa Via 328 LA CASA VIA,WALNUT'CREM CA • �"73�.�� PLACEMENT OF TEMPORARY CHILDRENS PLAY STRUCTURE ON PROPERTY. EXHIBIT "B" SPECIFIC NAN IOR SHELL RIDGE FINDINGS: 1. The purpose of the. 5pecific Plan is: (l) to preserve the scenic and natural resources found on Shell -Ridge as identified in the adopted Open Space Element of the General Plan, and (2)- to provide for the protection of the segment of Shell Ridge lying between the area regulated by Specific Plan No. 1 and the publicly-purchased land. 2. The Open Space Element calls for the preparation of Specific. Plans to preserve open space ". . . within developed or soon to be developed areas by demonstrating in advance . '. . the. specific conditions to be met prior to submission of tentative subdivision maps or development applications and prior to issuance of building or other permits ". 3. The City of Walnut Creek adopted Specific Plan No. 1 for the purpose of regulating scenic open space lands on Shell Ridge, which fall within the incorporated sector of the Walnut Creek community. The area en- compassed by this plan falls within the jurisdiction of Contra, Costa County and coordination between the City and County is required to preserve this ridgeline. 4. The portion of Shell Ridge which is identified in Exhibit "A" is visible from many areas of Walnut Creek, including major transportation corridors r111 and numerous neighborhoods. The areas of most important scenic value and open space value lie above the 300-foot elevation on the east side of the ridge and above 275 feet on .the west side. 5. The slopes of Shell Ridge in the area identified on Exhibit "A" are generally in excess of 30 percent and often much greater. Development in this area would be difficult and probably require extensive grading. CONDITIONS: 1 . This plan requires that a natural preserve.be maintained on the sides and top of Shell Ridge as._identified in Exhibit "A" and that no structures such as ,homes, barns, swimming pools, garages, or patios which would require the issuance of a" building permit or other entitlement be placed within this preserve. 2. Any existing structure which may fall within this preserve shall be permit- fed to remain in its present location and be maintained as needed but not expanded. 3. . The designation of this preserve does not require that public access be granted to the properties that fall within this area.