HomeMy WebLinkAboutMINUTES - 06032003 - C143 TO: BOARD OF SUPERVISORS
Centra
FROM: DENNIS M. BARRY, AICD Costa
COMMUNITY DEVELOPMENT DIRECTOR _.. County
DATE: June 3, 2003
SUBJECT: Decision on an Appeal by Martin and Laurie Hess of the San Ramon Valley
Regional Planning Commission Decision to Deny a Request to Amend the Front
Yard Restriction and to Allow for Alterations to Two Designated Heritage Oak
Trees for a Proposed Residence at#339 Corrie Place, in the Alamo area, County
File #DP013077. (Martin & Laurie Hess —Applicants & Owners) (District 111)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS --Adopt a motion to:
A. GRANT the appeal of Martin and Laurie Hess;
B. APPROVE the application subject to the attached conditions (which were the
conditions that had been used by the Zoning Administrator in his approval of the
project);l
C. ADOPT the findings contained in Exhibit I as the basis for the Board approval of
the application.
CONTINUED ON ATTACHMENT: 02L YES SIGNATURE a'� .
f-�`RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMM TEE
.,----APPROVE OTHER
f:
SIGNATURE(S):
ACTION OF BOARD ON _Junp 3, 2003 APPROVED A5 RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS(ABSENT�} CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: --_ ABSTAIN: SUPERVISORS ON THE DATE SHOWN
**District III Seat VACANT**
Contact: Bob Crake [{925}335-12141 ATTESTED June 3. 2003
cc: Martin&Laude Hess JOHN SWEETEN, CLERK OF THE BOARD OF
Gager}, McCoy, McMahon&Armstrong, Martin Lysons SUPERVISORS AND COUNTY ADMINISTRATOR
Building Inspection Dept. -
Lawrence E.Smith
Alamo Springs HOA B ,DEPUTY
County Counsel
June 3, 2003
Board of Supervisors
File#DP013077
Page 2
D. DETERMINE the application is Categorically Exempt from the review requirements
of the California Environmental Quality Ac t (Class 5, Minor Alterations to Land
Use Limitations).
E. DIRECT staff to post a Notice of Exemption with the County Clerk.
FISCAL IMPACT - None.
BACKGROUND
On May 13, 2003, the Board of Supervisors conducted a hearing on an appeal of a decision by the
San Ramon Valley Regional Planning Commission to deny a request to allow a reduction in the
required setback for a proposed residence (under construction) at 339 Corrie Place in the Alamo
Springs development. The application had been filed after it had been discovered that the building
had been placed closer than authorized by the zoning restrictions and by the building permit.
After taking testimony, the Board closed the hearing, then voted unanimously to declare its intent to
approve the project based on an earlier approval of the project by the Zoning Administrator; and to
overturn the decision of the San Ramon Valley Regional Planning Commission. However,the Board
continued the matter to this date to allow staff an opportunity to prepare proposed legal findings for
Board consideration for adoption.
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EXHIBIT I
FINDINGS FOR APPROVAL OF COUNTY FILE #DP013077
(Martin & Laurie Hess -- Applicants & Owners) IN THE ALAMG
AREA
A. Required Finding— The proposed modification is consistent with
the intent and purpose of the Planned Unit.District.
Project Finding— The planned unit district is intended to allow
diversification in the relationship of various structures, uses and open
spaces while insuring substantial compliance with the intent of the
county code in requiring adequate standards necessary to satisfy the
requirements of the public health, safety and general welfare. The
planned unit district is intended to allow for flexible regulations that
would still allow for a cohesive design of a large-scale integrated
development; whereas conventional regulation, designed primarily for
individual lot development may create a monotonous and
inappropriate neighborhood.
The proposed structure setback will allow for a comparable structure
setback as has been established on the adjoining property to the south
(Rhim, #344 Corrie Place). At the same time, it will allow for
variation from the standard setback that is otherwise to be observed in
the Carrie Place neighborhood and thus reduce a more monotonous
streetscape. The proposed placement of the residence, while narrowly
impacting the root zone of two designated Heritage oak trees in the
rear yard, can nonetheless avoid significant damage to those trees as
evidenced by the supporting arborist report for this project. In this
manner, the project is consistent with the intent and purpose of the
Planned Unit District.
B. Required Findin — The proposed modification is compatible with
uses in the vicinity, both inside and outside the district.
Prosect Finding—The proposed residence will not obstruct the views
of any nearby residence of Mt. Diablo to the northeast of the site.
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Moreover, required planting of significant landscape improvements in
the front of the garage will soften the streetscape view of this
development associated with the residence's proximity of the
residence to the street.
The design guidelines for the Alamo Springs project require the
provision of enclosed area capable of parking a minimum of three
cars, and a total of six on-site parking spaces. Relocation of part of
the three-car ,garage to another area within the front portion of the lot
would be detrimental to the front view of the property. It may also
create a cluttered front yard appearance that would not be compatible
with the neighborhood, particularly if cars are left parked in the guest
parking spaces or on the apron. Based on these factors, the proposed
modification as conditioned, will allow for compatibility with the
surrounding land uses and the private parking standards of the Alamo
Springs project.
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CONDITIONS OF APPROVAL FOR.COUNTY FILE#DP013077(Hess Residence)
TO AMEND THE A.Zr"O SPRINGS FINAL DEVELOPMENT PLAN (File
#DP953043) IN THE ALAMO AREA AS APPROVED BY THE ZONING
ADMINISTRATOR N UY 6, 2002
1. This request to modify Condition of Approval#20 of SD 7452 (County File#
DP953043) is approved by the Community Development Department. The
original Condition of Approval reads:
20. "Dimensional yard standards shall be as follows:
Front: Minimum 25 feet from property lines.
Side: Minimum 15 feet; minimum aggregate total 35 feet; sideyards
adjacent to a street shall be a minimum of 25 feet.
Rear: Minimum 25 feet
Lots 26, 29, and 30 shall have a frontyard setback of 40 feet.
Lots 27 and 28 shall have a frontyard setback of 30 feet.
The following modification is authorized by this permit:
Lot 44 shall have a minimum frontward setback of 18 feet.
2. Development shall be in accord with the development plans submitted with the
application, including the revised site plan entitled, "As-Built"dated January 28,
2002. The applicant shall comply with all other applicable Alamo Springs Final
Development Plan conditions of approval.
Within 15 days of the effective date of the permit,the following Conditions of
Approval shall be met:
3. Landscape Improvements for Frontward Area- The applicant shall submit two
copies of a landscape plan to the Community Development Department prepared
by a licensed landscape architect for the review and approval of the Zoning
Administrator. The plan shall provide suitable landscape improvements for the
area between the residence and Corrie Place, incorporating landscaping that will
soften the appearance of the west-facing garage wall as well as provide an illusion
of depth between the street and facade. The landscape plan shall include a
landscape elevation that superimposes the approved building elevations as
background from the north and south property lines as well as from the street.
Prior to requesting a final inspection of the residence, the applicant shall provide
evidence that the approved landscape improvements have been correctly
completed (e.g., certification from a licensed landscape contractor,photographs)
for the review and approval of the Zoning Administrator. If landscaping is not
installed prior to occupancy, the applicant shall post a cash bond with the County.
The bonding shall be subject to review and approval of the Zoning Administrator.
4. Tree Ordinance Measures to Protect Heritage Trees—Revised construction plans
shall include the following notes:
A. Posting of Security DMosit to Cover Potential Cost of Possible Restitution
Measures for Construction-Related Impacts to the Heritage Tree or Trees
(Ord. Code §§ 816-6.1204) -Pursuant to the requirements of Section 816-
6.1204 of the Tree Protection and Preservation Ordinance, to address the
possibility that construction activity damages the heritage 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. The security shall be
based on:
1) Extent of Possible Restitution Improvements - The planting of up
to 13 trees, minimum 15-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) Determination of Security.Amount - The security shall provide for
all of the following costs:
a) Preparation of a landscape/irrigation plan by a licensed
landscape architect or arborist;
b) 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
C) An additional 20% of the total of the above amounts to
address inflation costs.
3) Acceptance of a Security - The security shall be subject to the
review and approval of the Zoning Administrator.
4) Initial posit for Processing of Secuty - The County ordinance
requires that the applicant cover all time and material costs of staff
for processing a tree protection security (Code 5-0608). The
Applicant shall pay an initial fee deposit of $100 at time of
submittal of a security.
The County shall retain the security up to 24 months following the
completion of the tree alteration improvements {date that all
building permits are fmalled by the Building Inspection
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Department). 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 following 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.
P. Site Pret�aration rOrd. Code € 815-6.1202 (1)1 - Prior to the start of any
clearing, stockpiling, trenching, grading, compaction, paving or change in
ground elevation on site with trees to be preserved, the Applicant shall
install fencing at or beyond the dripline of all areas adjacent to or in the
area to be altered and remain in place for the duration of construction
activity in the vicinity of the trees. Prior to grading or issuance of any
permits, the fences may be inspected and the location thereof approved by
appropriate County= staff. Construction plans shall stipulate on their face
where temporaryfencing intended to protect trees is to be placed, and that
the required fencing shall be installed prior to the commencement of any
construction activity.
C. Construction Period Restrictions [Ord. Code § 816-6.1202 (2)1 - No
grading, compaction, stockpiling, trenching, paving or change in ground
elevation shall be permitted within the dripline of any existing mature tree
other than the trees approved for removal unless indicated on the
improvement plans approved by the county and addressed in any required
report prepared by an arborist. If grading or construction is approved
within the dripline of a tree to be saved, an arborist may be required to be
present during grading operations. The arborist shall have the authority to
require protective measures to protect the roots.
Upon the completion of all grading and construction, and prior to the
applicant requesting a final inspection of the residence, an involved
certified arborist shall submit two copies of a report to the Community
Development Department for the review and approval of the Zoning
Administrator. The report shall:
• Describe any observed damage to the trees resulting from
construction activity, and ramifications for the long-term health of
the trees;
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• Recommend any appropriate restitution mitigation measures if any
damage is observed; and
• Outline further methods required for tree protection if any are
required.
All arborist expense shall be borne by the developer and applicant unless
otherwise provided by the development's conditions of approval.
D. Prohibition of-Parking_[Ord, Code § 816-6.1202 X11 - No parking or
storing vehicles, equipment, machinery or construction materials,
construction trailers and no dumping of oils or chemicals shall be
permitted within the drip line of any tree to be saved.
E. Construction Tree Damage [Ord. Code 6 816-6.12061 - The
development's property owner or developer shall notify the Community
Development Department of any damage that occurs to any tree during the
construction process. The owner or developer shall repair any damage as
determined by an arborist designated by the Director of Community
Development.
Any tree not approved for destruction or removal that dies or is
significantly damaged as a result of construction or grading shall be
replaced with a tree or trees of equivalent size and of a species as
approved by the Director of Community Development to be reasonably
appropriate for the particular situation.
F. Supervision of Work by an Arborist - All work that encroaches within the
dripline of a tree to be preserved shall be conducted under the supervision
of a certified arborist.
5. Report from a Certified Arborist on Potential Impacts to Health of Heritage Oak
Trees —The applicant shall submit two copies of a report from a certified arborist
on the approved site plan to the Community Development Department for the
review and approval of the Zoning Administrator. The report shall review
potential impacts on the two mature heritage trees in the rearyard relative to
improvements in proximity to the trees and related construction activity. The
report shall include appropriate measures to mitigate potential impacts to the
trees. The project shall implement the recommendations in the approved report.
Prior to release of the stop work order on the residence, a certified arborist shall
provide a written statement to the Building Inspection and Community
Development .Departments that the required temporary tree protection fencing
has been installed.
6. Payment of Any Supplemental Application Processing Pee That is Due — This
application is subject to the adopted fee schedule ofthe County, including all staff
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time and material costs in the review of the application. The fee includes costs
through permit issuance plus five working days for file preparation. At time of
application, the applicant paid an initial deposit of $1000 to the County. Any
additional fee that is due for staff service cost associated with the processing of
this application must be paid to the County within 60 days of the permit effective
date or prior to release of the stop work order, whichever occurs first. The
applicant may obtain current costs by contacting the project planner. If the
applicant owes additional fees, a bill will be sent to the applicant shortly after
permit issuance.
ADPISO RY1` OTES
THE FOLLOWING INFORMATION DOES NOT CONSTITUTE
CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE
APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER.
PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT.
A. 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.
B. Comply with the,requirements of the Central Sanitary District.
C. Comply with the requirements of the Building Inspection Department. Building
permits are required prier to the construction of most structures.
D. 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.
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E. Future Development in R.earyard area -It is noted that the applicant may
be intending to provide ,for a pool improvement and related rearyard
grading (fill) alterations within the rearyard of the pr=operty at some time in
the future. The rearyard contains two trees that the .board of,supervisors
has designated for heritage status ander the Heritage Tree Preservation
Ordinance. The applicant should he aware that any proposed alterations
or removal of the heritage trees might be subject to the review and permit
requirements of the .Heritage Tree Ordinance and- the Tree Protection
Ordinance. The applicant is encouraged to contact the Community
Development Department concerning any proposed improvements that
might impact on these heritage trees on this site early in the planning
process for any such improvements to learn of any discretionary permit
procedures that may be required by the Ordinance Code.
M\#013077.coa
Rev. 4-20-02
REV 5/13/02
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