To: Board of Directors
From: John Kopchik, Director, Conservation and Development
Report Title: Authorization to construct a retaining wall within a restricted development area on the property located at 1914 Green Valley Road in the Alamo area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. FIND that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section §15302 - replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.
2. APPROVE and AUTHORIZE, under the terms of the attached grant deed of development rights held by Contra Costa County, Tom Dudley of Engineered Soil Repairs to conduct site improvements, including grading, trenching and to allow the replacement of a failing retaining wall/fence structure of up to 11 feet tall, on Assessor’s Parcel No. 194-070-083, located at 1914 Green Valley Road, in Alamo, in accordance with Variance Permit CDVR23-01062.
3. DIRECT the Director of the Department of Conservation and Development to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
There is no fiscal impact. The applicant has paid the necessary application deposit and is obligated to pay supplemental fees to recover any and all additional costs associate with the application process.
BACKGROUND:
The proposed grading, trenching and replacement of a failing retaining wall/fence structure will be located on Assessor’s Parcel No. (APN) 194-070-083, located at 1914 Green Valley Road, in the Alamo area of the County. The subject Parcel is Parcel C of Minor Subdivision 93-86. Per the Conditions of Approval (COA) of Minor Subdivision 93-86 (COA #9H), the development rights over the natural watercourses traversing the property have been dedicated to the County of Contra Costa, a governmental subdivision of the State of California, necessitating the Board to authorize improvement on this property.
On November 29, 2023, Tom Dudley of Engineered Soil repairs submitted a Variance application (CDVR23-01062) to allow the replacement of a failing retaining wall/fence combination structure of up to 11 feet tall within the area grant deeded to the County of the subject parcel. In January of 2023, a landslide took place along the creek bank of the neighboring property and damaged the existing retaining wall/fence structure. The project is to construct a replacement retaining wall/fence structure to isolate the rear yard from the landslide on the neighbor’s property and to prevent a landslide on the subject property.
On June 25, 2024, the County Staff sent out a Notice of Intent to Render an Administrative Decision to residents within a 300-foot radius of the project site. The Notice of Intent notified the public of the public comment period. No public comment was received, and the application was approved on August 30, 2024, subject to conditions of approval by the Zoning Administrator. The approval by the Zoning Administrator determined that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section §15302 - replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. As such, the proposed project is deemed consistent with the existing uses on-site, which was approved by the Zoning Administrator. Therefore, staff recommends the Board of Supervisors authorize the grading, site improvements and to allow the replacement of a failing retaining wall/fence combination structure located at the rear of APN: 194-070-083, where the development rights have been granted to the County.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, Variance Permit County File CDVR23-01062 will be denied, and the applicant will not be able to construct a replacement retaining wall/fence structure to replace a failing retaining wall/fence combination structure as needed for the property identified as 1914 Green Valley Road in Alamo.