Department of Conservation and Development
County Zoning Administrator
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Project Title: |
3415 Silver Maple Drive Development Plan Modification |
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County File(s): |
CDDP24-03031 |
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Applicant/Owner: |
Kent and Terri Lawson (Applicants and Owners) |
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Zoning/General Plan: |
P-1 Planned Unit District / SL Single-Family Residential - Low Density |
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Site Address/Location: |
3415 Silver Maple Drive in the Danville area of unincorporated Contra Costa County (APN: 203-530-099) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption -CEQA Guidelines, Section 15303 |
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Project Planner: |
Joseph W. Lawlor Jr, AICP, (925) 655-2872 |
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Joseph.Lawlor@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant is requesting a Development Plan Modification to allow a 7.5-foot front yard setback (where a minimum of 20 feet is required), 3.5-foot side yard setbacks (were a minimum of 5 feet is required), and an 8.5-foot aggregate side yard (where a minimum of 20 feet is required) for the construction of a retaining wall that ranges in height from 3 to 8 feet tall. The application also includes a request for a Tree Permit for the removal of four code-protected trees on the property to accommodate the development.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends the Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15303 of the CEQA Guidelines.
B. APPROVE the Development Plan Modification for deviations from the front yard setback, side yard setbacks, and aggregate side yard of approved Development Plan CDDP78-03035, and the Tree Permit for removal of four code-protected trees, based on the attached findings and subject to the attached conditions of approval.
C. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: SL Single-Family Residential - Low Density.
B. Zoning: P-1 Planned Unit District.
C. California Environmental Quality Act (CEQA): Categorical Exemption - CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, Class 3 exemption for (a) one single family residence in a residential zone, and (e) accessory structures.
D. Previous Applications:
CDDP78-03035: This Final Development Plan Permit for the Country Club at Blackhawk which includes the project site, was approved by the San Ramon Valley Area Planning Commission on July 12, 1978.
IV. SITE/AREA DESCRIPTION
The project site is a 12,500 square-foot parcel located within the Silver Maple residential area of the Blackhawk at Country Club I subdivision. This area primarily consists of residential parcels ranging in size from 11,160 to 23085 square feet that are developed with single-family homes and accessory structures. Blackhawk Plaza, offering a variety of commercial, recreational, and educational uses, is located approximately 0.3 miles south of the project site. The Blackhawk Country Club and Lakeside golf course are accessible approximately 0.3 miles north of the project site.
The project site itself is a vacant lot, which is the last remaining undeveloped parcel in the neighborhood. The parcel which is characterized by trees and grasses is mostly level with the exception of the far eastern portion. This portion of the parcel slopes steeply upward to the adjacent single-family lot.
V. PROJECT DESCRIPTION
The applicant requests approval of a modification of Final Development Plan CDDP78- 3035 Condition of Approval (COA) #5 that establishes setback standards in order to have a 7.5-foot front yard setback (where a minimum of 20 feet is required), 3.5-foot side yard setbacks (were a minimum of 5 feet is required), and an 8.5-foot aggregate side yard (where a minimum of 20 feet is required) for construction of a retaining wall on the project site that ranges in height from 3 to 8 feet tall. Construction of the retaining wall within the setback areas is necessary to support the steep slope on the eastern edge of the site, and thereby protect both the future onsite development of a single-family residence and the existing single-family residence on the adjacent lot that is east of the site. The future single-family residence would comply with the established setbacks developed by the architectural review committee. The project also includes a request for a Tree Permit to allow removal of four code-protected trees on the northeastern corner of the site in order to accommodate the development.
VI. AGENCY COMMENTS
An Agency Comment packet was sent on July 8, 2024 to a number of public agencies, including the Building Inspection Division, the San Ramon Valley Fire Protection District, the Central Contra Costa Sanitary District, the East Bay Municipal Utility District, and the Contra Costa Mosquito and Vector Control District. Comments received by staff are included in the attachments. Following are summaries of the comments on the Development Plan application.
A. San Ramon Valley Fire Protection District: In a letter dated July 30, 2024, The Fire Protection District provided standard comments stating that the project must comply with the California Building Code, Fire Codes based on the use of the building.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is required to submit building plans to the Fire Protection District and comply with District requirements.
B. East Bay Municipal Utility District (EBMUD): In a letter dated July 30, 2024, EBMUD provided standard comments stating that the project proponent should contact the EBMUD New Business Office for a water service estimate, as well as requirement for the location of the water meter.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is responsible for contacting EBMUD regarding its requirements and permits.
VII. BACKGROUND
COA #5 of the approved CDDP78-03035 Final Development Plan for the Country Club at Blackhawk states, "Yard and height measurements on each lot shall be subject to review and approval of the Director of Planning." Following the approval of the development plan, the Country Club at Blackhawk architectural review committee established setback standards for the development, including the following:
• Front yard setback of 20 feet from the property line.
• Side yard setback of 5 feet from the property line.
• Aggregate side yard setback of 20 feet from the property line.
Because the Zoning Administrator (Director of Planning) has discretion over yard and height measurements per COA #5, a notice of intent to render an administrative decision on the proposed Development Plan modification was mailed on October 4, 2024, to neighboring property owners. This notice informed them of the intent to modify the established setbacks to allow construction of the retaining wall within the setbacks. The County received eight comments during the noticing period, including seven requests for a public hearing.
VIII. STAFF ANALYSIS
A. Appropriateness of the Use: The applicant proposes to construct a single-family residence on the vacant parcel within the Silver Maple neighborhood. As described in Section IV, Site/Area Description, the parcel is mostly level except for the far eastern portion, which slopes steeply upward to the adjacent single-family lot. Thus, in order to stabilize this steep slope, the development project includes construction of a retaining wall on the property's east side within the established setbacks. The project is an appropriate use of the parcel, because, except for the requested modifications, the project aligns with the area's permitted development standards and the CDDP78-03035 Final Development Plan.
B. General Plan Consistency: The project site is located within a SL Single-Family Residential - Low Density General Plan Land Use designation. The SL designation is intended to promote the orderly development of residential neighborhoods. Primary land uses permitted in this designation include detached single-family homes and accessory buildings and structures. Secondary uses generally considered to be compatible with low density homes may be allowed, including home occupations, small residential care and childcare facilities, churches and other similar places of worship, accessory dwelling units, and other uses and structures incidental to the primary uses. With the construction of a single-family residence and a retaining wall, the project site would be consistent with the residential character of the neighborhood, would not disrupt the orderly development of this neighborhood, and thereby would be consistent with the land use designation.
C. Zoning Consistency: The project is located within the P-1 Planned Unit District that was established by Final Development Plan CDDP78-03035. Development within this District must adhere to the approved plan, which encompasses 985 single-family residential lots, an 18-hole private golf course and clubhouse, a neighborhood commercial center, school sites, and private open space.
As described in Section VII, Background, CDDP78-03035 COA #5 grants the Zoning Administrator authority over yard and height measurements on each lot. Furthermore, the Country Club at Blackhawk architectural review committee has established setback standards applicable to the single-family residential lots. While the location of the retaining wall needed to stabilize the eastern slope requires approval of a Development Plan modification to allow reduced setbacks, the proposed single-family residence meets the established setback requirements. Therefore, with the modification of the setbacks for the retaining wall, the project aligns with the overall intent of the P-1 District by providing a residential dwelling that conforms to the established development standards.
D. Tree Permit: The proposed project requires the removal of four code-protected trees on the northeastern corner of the site in order to accommodate the development of the lot. The Tree Protection and Preservation Ordinance outlines specific requirement for granting a tree permit. Consistent with the Ordinance, a tree permit would be issued to allow reasonable development on the subject property, as the proposed development could not be located on another portion of the site that would avoid tree removal. Included in the Conditions of Approval is a requirement to plant new trees as restitution for the trees to be removed.
IX. CONCLUSION
The proposed development project to construct a single-family residence and a retaining wall within established setbacks in order to stabilize the steep slope on the eastern side of the project site is consistent with the General Plan and, except for the requested modification of Development Plan CDDP78-03035, with the P-1 District. Construction of the project that necessitates the removal of four code-protected trees on the site could not be reasonably accommodated on another area of the site. Staff recommends the Zoning Administrator approve the CDDP24-03031 Development Plan modification and Tree Permit based on the attached findings and subject to the attached conditions of approval.