Legislation Details

File #: 26-2243    Version: 1 Name:
Type: Discussion Item Status: Agenda Ready
File created: 5/21/2026 In control: Contra Costa County Zoning Administrator
On agenda: 6/1/2026 Final action:
Title: JONATHAN JAMES – WILLIAM WOOD ARCHITECTS (Applicant) - STEPHANIE MILES, NORTOM CORPORATION (Owner), County File #CDDP24-03045: The applicant requests approval of a Development Plan, pursuant to COA #11(B) of CDDP01-03061, to construct a new 5,624-square-foot, two-story, single-family residence with an 891-square-foot garage and one retaining wall up to 5.5 feet on a vacant lot. The proposal requires a Tree Permit for work within the driplines of one 18-inch (diameter) Blue Oak (tree #54) and one 24-inch Blue Oak (tree #55) on the subject property, and to work within the driplines of one 17-inch Coast Live Oak (no tag, #1) and one 48-inch Blue Oak (tree #56) located on the adjacent property. Additionally, the applicant requests a minor modification to COA #12(G)(14) of County File #CDDP01-03061 to allow for grading, construction and trenching beneath the driplines of the oak trees located within the scenic easement, and a deviation to allow a 3-foot side yard (where 15 feet is required)...
Attachments: 1. Attachment A - CDDP24-03045 Findings and COAs.pdf, 2. Attachment B - CDDP01-03061 Conditions of Approval.pdf, 3. Attachment C - Approved Building Envelope Area Lot 7.pdf, 4. Attachment D - Maps.pdf, 5. Attachment E - Agency Comments CDDP24-03045.pdf, 6. Attachment F - Project Plans CDDP24-03045.pdf
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Project Title:

Development Plan for a New Single-Family Residence on Lot 7 of the Alamo Ridges Subdivision

County File(s):

CDDP24-03045

Applicants: Owner:

Jonathan James, William Wood Architects Stephane Miles, Nortom Corporation

Zoning:

Planned Unit District (P-1)

General Plan:

Residential Very-Low Density (RVL) and Resource Conservation (RC)

Site Address/Location

430 Legacy Drive, Alamo, CA 94507 (APN: 193-010-029)

California Environmental Quality Act (CEQA) Status:

Categorically Exempt: CEQA Guidelines, Section 15303(a), regarding construction of one Single-Family Residence.

Project Planner:

Syd Sotoodeh, Senior Planner; (925) 655-2877; syd.sotoodeh@dcd.cccounty.us

Staff Recommendation:

Approve (See section II for full recommendation)

 

I.                     PROJECT SUMMARY

The applicant requests approval of a Development Plan, pursuant to condition of approval (COA) #11.B of CDDP01-03061, to construct a new 5,624-square-foot, two-story, single-family residence with an 891-square-foot garage and one retaining wall up to 5.4 feet on a vacant lot. The proposal requires a Tree Permit for work within the driplines of one 18-inch (diameter) Blue Oak (tree #54) and one 24-inch Blue Oak (tree #55) on the subject property, and to work within the driplines of one 17-inch Coast Live Oak (no tag, #1) and one 48-inch Blue Oak (tree #56) located on the adjacent property. Additionally, the applicant requests a minor modification to COA #12.G.14 of County File CDDP01-03061 to allow for grading, construction and trenching beneath the driplines of the blue oak trees located within the scenic easement, and a deviation to allow a 3-foot side yard (where 15 feet is required) for a retaining wall over 3 feet in height. Grading with approximately 37 cubic yards of fill and 505 cubic yards of cut is also proposed.

 

II.                     RECOMMENDATION

The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:

1.                     OPEN the public hearing on the proposed project, RECEIVE testimony, and CLOSE the public hearing.

2.                     DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines 15303(a).

3.                     APPROVE the Development Plan (County File #CDDP24-03045), based on the attached Findings and Conditions of Approval; and

4.                     DIRECT staff to file a Notice of Exemption with the County Clerk.

III.                     GENERAL INFORMATION

A.                     General Plan: The subject property has two general plan designations. The project site will be located within the Residential Very-Low Density General Plan Designation (RVL), and the rest of the parcel is designated as Resource Conservation General Plan Designation (RC).

B.                     Zoning District: The subject property is located within the Planned Unit District (P-1) and is subject to the approved Alamo Ridges final development plans.

C.                     California Environmental Quality Act (CEQA): The proposed project is categorically exempt under CEQA Guidelines, Section 15303(a), regarding “New Construction or Conversion of Small Structures” which exempts the construction of one single-family residence in a residential zone. The proposed project would construct one new single-family residence located on a lot within an established residential P-1 zoning district and designated by the County General Plan for residential uses.

D.                     Lot Creation: The subject property was created as Lot 7 of Tract 7744. The subdivision map was recorded on August 5, 2002.

E.                     Prior County Zoning Files related to the Property:

1.                     CDDP01-03061: Amendment to a Final Development Plan (County File #CDDP93-03015) and Vesting Tentative Map 7744 (“The Ridges”) pertaining to lot configuration and design guidelines and restrictions, approved December 17, 2001, and approval of a correction to amended Final Development Plan June 10, 2002.

2.                     CDRZ93-03012, CDSD93-7744 and CDDP93-03015: Rezone of the subdivision acreage from A-2 General Agriculture to P-1 Planned Unit District, creation of a 14-lot single family residential subdivision and Development Plan for the 14-lot single family residential subdivision, approved May 2, 1995, by the Board of Supervisors.

IV.                     SITE/AREA DESCRIPTION

The subject property is a vacant, 4.161-acre parcel (approximately 181,253-square-foot) lot identified as Lot 7 within Tract 7744, a 14-lot subdivision called Alamo Ridges in the Alamo area. The subdivision is located on a U-shaped ridge with steep hillsides and a small valley in the southern portion near Las Quebradas Lane. The subdivision includes scenic easement areas for each of the approved lots. Approximately 84 percent of the subdivision’s lots have a scenic easement designated on their property through which development rights have been deeded to the County. The scenic easement protects the steep hillsides and retains much of the existing Oak woodland and grassland habitats in the subdivision. Thus, the majority of the property (approximately 3.85 acres) is within the scenic easement area, leaving approximately 0.32 acres (13,709 square feet) as developable area. In addition, the subdivision includes designated building envelopes for each of the approved lots, which for Lot 7 is an approved approximately 8,900 square-foot envelope (Attachment D). The sizes and shapes of the lots in the project vicinity and the Alamo Ridges Subdivision (CDSD93-7744) are generally similar with each being fairly large and averaging 3.25 acres. All of the lots in this subdivision are downslope of Legacy Drive.

The subject property is located within a neighborhood surrounded by Planned Unit (P-1) zoning, with properties having mixed General Plan designations of Resource Conservation (RC) for the scenic easements and Residential Very-low Density (RVL) for the building envelopes. Properties zoned General Agriculture (A-2) are located to the west, and Single-Family Residential (R-20 and R-40) Zoning district are south of the site. Residential development in the area is typically large, custom-built estate homes mixed with the large open space of the area.

The subject property fronts Legacy Drive to the west which is a two-lane road that spans the top of the U-shaped ridge and connects to Las Quebradas Lane. Lot 7 is near the top of the ridge on the east-facing downslope of Legacy Drive. The property contains a number of blue oaks, coast live oaks, and other trees, all within the scenic easement, ranging in size between 6 inches and 30 inches in diameter. There are no trees located within the building envelope or outside of the scenic easement on the subject property. There is also one 17” diameter Blue Oak located outside of the building envelope and outside of the scenic easement, adjacent to Legacy Drive and west of the subject property. The property slopes away from Legacy Drive, beginning at approximately 760 feet above mean sea level and sloping downward to the north/northeast to approximately 530 feet above mean sea level at the rear property line. The buildable area located outside of the scenic easement is relatively flat, with a gentle slope rising east to west by approximately 8 feet.

V.                     PROJECT DESCRIPTION

The applicant requests approval of a Development Plan and an architectural design review which is required pursuant to Condition of Approval #11B of CDDP01-03061. The Final Development Plan for the Alamo Ridges has conditions of approval for the lots within the subdivision with residential design requirements for all lots and specific requirements for certain lots such as Lot 7. Condition of Approval #11B requires a noticed public hearing at the Zoning Administrator level.

The project proposes the following elements:

                     A two-story single-family residence with approximately 5,624 square feet of living space and approximately 1,359 square feet of covered porch area.

                     An approximate height of 28 feet, 4 inches.

                     One attached, approximately 891-square-foot three car garage.

                     One retaining wall ranging in height from 4.2 feet up to 5.4 feet located between the residence and the eastern property boundary.

                     Approximately 37 cubic yards of fill and 505 cubic yards of cut grading.

                     Approximately 2,201 square feet of new, irrigated landscaping.

                     Approximately 2,554 square feet of new hardscape for the driveway.

The project also requires a deviation to allow a 3-foot side yard (where 15 feet is required) for a retaining wall over 3 feet in height.

The project includes a Tree Permit to allow for grading, trenching, and installation of drainage, driveway, and fence improvements within the driplines of one 18-inch (diameter) Blue Oak (tree #54) and one 24-inch Blue Oak (tree #55) on the subject property, and within the driplines of one 17-inch Coast Live Oak (no tag, #1) and one 48-inch Blue Oak (tree #56) located on the adjacent property. The project also requires a minor modification to COA #12.G.14 of County File #CDDP01-03061 to allow for grading, construction and trenching beneath the driplines of the blue oak trees located within the scenic easement.

VI.                     AGENCY COMMENTS

A.                     San Ramon Valley Fire Protection District: In correspondence dated November 14, 2024, Fire District staff indicated that the applicant would be required to submit plans for review by the Fire District and to comply with current Fire Code requirements. Please refer to the attached correspondence for the details of their comments.

B.                     Central Contra Costa Sanitary District (Central San): In correspondence dated November 21, 2024, Central San staff indicated that the project site is located within Central San’s service area and advised that the applicant would be responsible for submitting improvement plans to Central San prior to receiving a final building permit. Please refer to the attached correspondence for the details of their comments.

C.                     East Bay Municipal Utility District (EBMUD): In correspondence dated November 22, 2024, EBMUD staff advised that the applicant should contact the water district’s new business office to request a water service estimate. Please refer to the attached correspondence for the details of their comments.

D.                     Contra Costa County Public Works Department: The County Public Works Department, Engineering Services Division provided multiple sets of project comments as they worked with the applicant to achieve a project design that met applicable standards. In their most recent correspondence and staff report dated February 9, 2026, Public Works staff provided comments and recommended conditions of approval for the project relating to street lights, drainage and stormwater management, and underground utilities. Public Works' recommendations have been included in the conditions of approval as part of staff’s recommendations (Attachment A). Please refer to the attached correspondence for the details of their comments.

E.                     Aamo Municipal Advisory Council (MAC): On February 25, 2025, the Alamo MAC held a meeting to discuss the project. In correspondence received from the County’s Alamo MAC liaison, staff was advised that during the meeting, the MAC decided not to review the application and determined that the MAC does not make design comments or recommendations on tree permits. Please refer to the attached correspondence for the details of their comments.

F.                     County Geologist: COA #14 of CDDP01-03061 requires the County to review a geotechnical report for the site. A peer-review of the applicant’s geotechnical report was conducted by Darwin Myers Associates (DMA). DMA submitted a letter dated March 31, 2025, reviewing the site-specific geotechnical report for the proposed project and determined that the design-level geotechnical report satisfied COA #14 of CDDP01-03061. Please refer to the attached correspondence for the details of their comments.

G.                     Alamo Improvement Association (AIA): In correspondence received from the AIA on March 24, 2025, the AIA indicated that they had reviewed the project at a meeting on March 20, 2025, and recommended approval of the application. Please refer to the attached correspondence for the details of their comments.

VII.                     STAFF ANALYSIS AND DISCUSSION

A.                     General Plan:

Land Use Designation: The subject property has two General Plan land use designations, Residential Very-Low Density (RVL), and Resource Conservation (RC). The project will be located entirely within the RVL designation as the RC area of the parcel is restricted from development due to a Grant Deed of Development Rights deeded to Contra Costa County for a scenic easement. The RVL land use designation allows for detached single-family units on lots that are 1 acre or larger. The subject property is approximately 4.161 acres and exceeds the 1-acre requirement for RVL. Therefore, a single-family residence on the parcel is consistent with the RVL General Plan land use designation. No development is proposed within the RC designated area of the property. The proposed single-family residence will not alter the land use on the property, nor will it conflict with the density range for the lot or the vicinity with the same General Plan designation.

Specific Area Policies: The Stronger Communities Element of the County General Plan contains Guiding Principles and Policies for specific geographic areas of the unincorporated County, including specific policies that relate to projects within the Alamo area. Guiding Principles 2 and 5, and Policies 3, 4, and 9 are applicable to development of the subject property. The project is consistent with the intent and goals of these policies as discussed below:

                     Guiding Principle 2 and Policy 3: This Guiding Principle and its related Policy is intended to prioritize the preservation of irreplaceable natural features and settings (e.g., mature stands of oak trees and riparian corridors) and wildlife habitat.

The project is designed to avoid the removal of any trees on site, including oak trees. Approximately 3.85 acres of the subject property is designated as a scenic easement that is restricted from development due to a grant deed of development rights to Contra Costa County. The intent of the scenic easement is to protect the visual and natural features of the site as well as much of the area’s wildlife habitat. Each lot of the subdivision has a final approved building envelope as well as an area between the building envelope and the scenic easement where development is allowed but limited to paving or accessory uses such as decking that is no more than 3 feet above grade. As designed, the proposed residential improvements are placed outside of the restricted development scenic easement and structures are located within the approved building envelope. Also, proposed improvements that are located outside of the approved building envelope and outside of the scenic easement consist of driveway and a small corner of a patio that is 18 inches above grade. Therefore, by adhering to the development guidelines and limitations of County File CDDP01-03061, the project preserves the natural features of the area. 

                     Guiding Principle 5: New development should enrich the community's architectural character and scenic quality

The proposed project is to construct a new, custom, single-family residence on a vacant lot of a subdivision that was approved in 1995. The Final and Corrected Development Plan for the subdivision, file CDDP01-03061, contains multiple conditions of approval and design requirements that are intended to maintain the scenic quality of the surrounding Alamo area. The proposed residence is designed according to the design requirements including those for setbacks and height, as well, as to avoid development within the scenic easement on the subject property. Thus, the proposed residence would maintain and enrich the architectural character of the vicinity.

                     Policy 4. The intent of this Policy is to maintain public views of Mount Diablo, scenic ridges, and other defining natural elements of the local landscape to the greatest extent feasible.

As mentioned above, the project will not encroach into the scenic easement and will not remove any trees. The proposed height of the two-story residence is approximately 29’-6”, which does not exceed the maximum 35-foot height allowed pursuant to COA #12(G7) of CDDP01-03061. In addition, the proposed height is consistent with other homes constructed in the same subdivision on the same ridgeline.

                     Policy 9. This policy discourages approval of roof heights exceeding 40 feet, or architectural features (such as parapets) exceeding 45 feet.

The height of the home is limited to 35 feet pursuant to COA #12(G7) of CDDP01-03061 and has been designed not to exceed this limit. Therefore, the project is consistent with Alamo Policy 9.

B.                     Zoning Compliance: The subject property is located within a Planned Unit (P-1) zoning district that was established with the approval of County File #CDRZ93-03012. Accordingly, the proposed project is subject to the conditions of approval for County Files CDRZ93-03012 and CDDP93-03015 which was amended under CDDP01-03061, which include residential design guidelines for all lots within the development. Pursuant to COA #11.B, any proposed residential designs are subject to a design review and approval by the Zoning Administrator at a noticed public hearing prior to the issuance of a building permit. The design guidelines and conditions of approval direct the design of each residence and accessory structures and restrict construction in the subdivision to specific building envelopes and developable areas outside of the scenic easement. Construction on individual lots shall conform to the R-20, Single-Family Residential zoning district except as otherwise required pursuant to COAs #11 through #17 of County File #CDDP01-03061.

Consistency With Relevant Conditions of Approval of CDDP01-03061 (Attachment B):

                     COA #11.B requires the proposed residential design to be submitted to the Zoning Administrator for review and approval, certification from a licensed civil engineer verifying that the structure(s) are located within the approved building envelope, and a noticed public hearing in front of the Zoning Administrator before issuance of a grading or building permit. Pursuant to COA #11(B), the applicant submitted this development plan application which was deemed complete on April 30, 2026. To verify that the proposed project is located within the approved building envelope, the applicant submitted a civil plan set prepared by Easton McAllister, licensed civil engineer, that verifies the proposed building footprint is placed within the building envelope.

                     COA #11.E requires all structures to be located within the final approved building envelopes, including accessory structures (pool cabanas, arbors), decking higher than 3 feet above grade, retaining walls higher than 3 feet, and all combinations of retaining walls/deck edges that are within 30 feet of each other and cumulatively over 3 feet in height. The proposed single-family residence and retaining wall that is up to 5.4 feet in height are located within the approved building envelope described in “Exhibit A Legal Description Building Envelope Area Lot 7 Tract 7744” (Attachment D). The applicant has submitted civil plans created by Easton McAllister, licensed civil engineer, that verifies the proposed building footprint and accessory structures are placed within the building envelope. Approximately 6 square feet of uncovered porch area that is approximately 18 inches above grade extends outside of the building envelope. The porch area is allowed to be outside of the building envelope pursuant to COA #11.C and #11.E.2 as it does not exceed 3 feet in height.

                     COA #11.G requires all buildings to be located outside of the tree driplines unless otherwise noted, and COA #12.G.14 restricts placement of structures or accessory structures on lots 7 and 8 under the oak tree dripline and the driplines of tree #54 and tree #44. Tree #44 is not in the vicinity of the subject property. Tree #54 is located within the scenic easement on the subject property. The proposed site plan and arborist report prepared for the project shows that the proposed single-family residence is located outside of all oak tree driplines. However, the grading and drainage plans indicate that the installation of the proposed driveway and drainage improvements will be under the driplines of trees #54 and #55 (both blue oaks) on the subject property, and tree #56 (blue oak) on the adjacent property to the west. The potential impacts to the oak trees was evaluated by an arborist and was determined to be minimal. Staff has recommended as condition of approval that the arborist’s recommended tree protection measures be installed prior to issuance of a grading or building permit (COA #19). Staff’s analysis of the minor modification to allow work within the dripline of the oak trees has been included in the Minor Modification section of this report.

                     COA #11.I requires exterior wall and roof colors and materials to utilize medium to dark earth-tone colors, defined as those having less than 50% light reflectance, and a licensed architect to certify submitted elevations with this requirement. The applicant submitted a proposed color board which shows the roof will be a medium dark gray slate and the exterior walls will be a barnwood gray stucco with any trim to also utilize earth tone or dark colors. Staff has recommended as a condition of approval that the applicant shall submit verification to CDD prior to obtaining a permit that all exterior colors comply with the 50% light reflectance requirement.

                     COA #11.J requires construction on individual lots to conform to the R-20 zoning district standards except as modified by the approved Architectural Design Guidelines and by the conditions herein. The proposed development adheres to the R-20 Zoning District development setback standards, except as modified by the Architectural Design Guidelines as specific in condition of approval COA #11.J. The project proposes a 15-foot front setback (where 15 feet is required), a 20-foot minimum side yard setback on the east side (where 20 feet is required), more than the 40-foot aggregate side yard setback requirement and more than the 15-foot rear setback requirement. In addition, the location of the proposed residence maintains a 40-foot separation between houses on adjacent lots. However, the grading plans indicate that a retaining wall over 3 feet in height has a 3-foot side yard setback (where 15 feet is required for accessory structures that are not setback 65 feet or more). Approximately 15 linear feet of the wall reaching up to 4.2 feet in height is located within the 65-foot front setback area required for a reduced accessory structure side yard area. The proposed project is consistent with retaining wall improvements in the same P-1 zoning district and subdivision for which deviations to the conditions of approval of File #CDDP01-03061 were granted for similar retaining walls. Therefore, as conditioned, the project is consistent with the requirements of the P-1 zoning district pursuant to the attached findings.

                     COA #12 requires residential building plans to incorporate storage areas for the storage of recyclable materials, water conservation measures to be used for landscaping consistent with County Ordinance Code Chapter 82-6, water conservation devices to be incorporated in residential designs, all residences to be equipped with residential sprinklers and have fire retardant roofs unless specifically recommended otherwise by the San Ramon Valley Fire Protection District, and each residence to have an electrical outlet installed in the garage and designed to dedicate for future use in recharging electrical vehicles. The proposed project includes an 891-square-foot garage and indicate room where the garbage and recycling bins can be placed. The preliminary landscape plans show compliance with Part I of the County’s Water Efficient Landscapes Ordinance (Chapter 82-6) and will be required to comply with Part II of the Ordinance prior to requesting a final inspection of a building permit for the residence. The project will be required to comply with all applicable California Building and Fire Codes including those related to fire sprinklers or fire safety prior to occupancy. Lastly, the floor plan shows a proposed electric vehicle charging outlet in the garage.

                     COA #12.G.5 require the design of residential structures for Lots 6 through 8 and Lots 11 through 14 to use architectural features (e. g., second story setbacks, reduced height, staggered frontage) to prevent a large massing appearance of the front of the residence which would otherwise be created with a 15-foot front setback. The project is designed with step-backs on the east and west side of the 2nd floor with the roofs of the 1st floor sloping back towards the 2nd floor walls. In addition, the two-story element near the entry at the front of the residence has been designed with balconies on the 2nd floor to reduce the appearance of the overall mass.

                     COA #12.G.7 allows the primary residence on Lots 7, 8, and 9 to conform to the R-20 zoning district standard of a maximum 35 feet. Based on the project plans, the proposed residence will have a maximum height of 28 feet, 4 inches.

                     COA #12.G.14 restricts the placement of accessory structures on Lots 7 or 8 such that accessory structures on these lots shall not extend beyond the 747-foot contour nor extend under the oak tree drip line and prohibits the placement of structures within the driplines of trees. In addition, no structure on Lot 7 or 8 shall encroach under the drip line of trees #54 and #44 on Lot 7 or 8. Based on the project plans, there are no structures beyond the 747-foot contour line. Tree #44 is not located in the vicinity of the project on Lot 7, and no structures are located within the dripline of tree #54. Grading, installation of drainage improvements, installation of the driveway, and construction of fencing would occur within the dripline of three Blue Oak trees, tagged as #54, #55, and #56. Therefore, the applicant is requesting a modification to COA #12.G.14 to allow for grading, and construction of site improvements underneath an existing oak tree. Staff can support the modification because the encroachment is minimal, does not require the removal of the tree and the arborist report prepared by Jarred Juarez WE-13341A concluded that the “planned construction will have minimal impact, if any, on these trees.” Moreover, a tree permit is required for any work within the dripline of an Oak Tree and will require a tree bond to be submitted in the event that the tree to be preserved is damaged.

                     COA #12.G.19 requires each house and accessory structure to be subject to design review prior to the issuance of a building permit. Design review shall address the massing, height, setbacks, architectural features, color palette and exterior building materials to minimize visual impact. Photo simulations for each house will be required with the design review submittal. The applicant submitted architectural plans including a color palette and detailed elevation drawings showing what the design would look like. The architectural plans address massing, height, setbacks, architectural features, color palette and exterior building materials. Given the site’s topography and its location within an established residential subdivision, the architectural plans offer a precise representation of the building’s volume and relationship to the topography that effectively addresses the design review’s intent to minimize visual impact and shows consistency with the design of other custom homes constructed in the vicinity. Staff has recommended as a condition of approval that the applicant be required to submit photo simulations prior to issuance of a building or grading permit to verify that the construction documents provide evidence that the residence will comply with the design review criteria listed in COA #12.G.19.

                     COA #12.G.21 requires all structures on Lots 1 through 6, and Lots 9 through 14, to be placed within the final approved building envelopes including accessory and ancillary structures on Lots, however, Lots 7 and 8 shall not be subject to that ancillary structures limitation, though such structures on Lots 7 and 8 will be subject to Design Review requirements and the review process. The condition of approval does not restrict lot 7 from placing structures outside of the building envelope; therefore, because the project is on lot 7, the project complies with the condition.

                     COA #13.E. requires that prior to issuance of a building permit for residential structures that may be visible from off the subdivision site, a landscaping plan and evidence be submitted for review and approval showing that the structure will not be visible when viewed from off the subdivision site at equal or lower elevations when the landscaping reaches maturity. From most offsite locations at lower elevations to the north and northeast, the visibility of the proposed residence and retaining wall would be obscured by the existing Oak woodland vegetation surrounding the northern side of the proposed project. In addition, views from Mystic Place and Serafix Road, which are the closest offsite streets located at a lower elevation north of the project site, are not visually impacted by the project due to the existing grade differential, the positioning of the project building pad towards the frontage along the Legacy Drive ridgeway. Thus, the proposed house will not be visible from anywhere along these streets. Homes along Las Quebradas to the south will also not be visually impacted due to an existing hill blocking views to the north. The elevation and topographical shielding ensures the project is not visible when viewed from lower elevations off site.

                     COA #14 requires a site-specific geotechnical report which evaluates the building plans to be submitted to the CDD for review prior to the issuance of building permits for the construction of individual residences. The Geotechnical report prepared by ENGEO, Inc., dated January 24, 2025, was peer-reviewed by the County Geologist.  In a letter dated March 31, 2025, the County Geologist stated that the design-level report satisfied the conditions of approval COA #14.

                      COA #15 and #16 require submittal of a tree preservation plan and tree bond prior to issuance of a grading or building permits. The applicant submitted an arborist report including a tree preservation plan to minimize construction impacts on an 18” diameter Blue Oak tree and a 24” diameter Blue Oak tree (tree #54 and 55) on the subject property, and a 17” Coast Live Oak tree (no tag, tree #1) and a 48” Blue Oak tree (tree #56) on the adjacent property during grading, construction, and trenching for site improvements. Recommended measures include installing Tree Protection Zone fencing to avoid soil disturbance or compaction within the driplines of the trees. The tree preservation plan includes the arborist’s recommendations to trim two oak trees adjacent to the project area prior to construction for clearance only. Lastly, in accordance with the County’s Tree Protection and Preservation Ordinance, the applicant will be required to submit a tree bond or security prior to the issuance of a grading or building permit. 

As designed, the proposed residence would be visually compatible with the surrounding scenic easement and residential development and would not be obtrusive or otherwise alter its surroundings. Houses in the subdivision are large, custom homes which this project will also follow. The proposed house mixes contemporary designs with mediterranean style materials which is consistent with other homes in this subdivision. The building will comply with the maximum allowed building height and required natural earth toned colors. The design of the home uses architectural features such as balconies to prevent a large massing appearance on the front of the residence. The applicant provided a preliminary landscaping plan that was reviewed under the County’s Water Efficient Landscapes Ordinance and that would provide visual screening or softening at the front of the new residence. The project does not propose any development within the scenic easement area and no changes to the boundaries of the scenic easement are proposed. The project complies with the building envelope requirement that the single-family home will be placed within the approved envelope. The requested modification to allow grading and construction of site improvements within the driplines of oak trees and the deviation to allow a 3-foot side yard (where 15 feet is required) for construction of a retaining wall over 3 feet in height is consistent with the development and limitations of other properties in the same P-1 zoning district. Therefore, the proposed project is consistent with the development standards and design guidelines of the residential P-1 zoning district in which the subject property is located.

C.                     Tree Protection and Preservation Ordinance: The project will include grading and construction of site improvements within the driplines an 18” diameter Blue Oak tree and a 24” diameter Blue Oak tree (tree #54 and 55) on the subject property, and a 17” Coast Live Oak tree (no tag, tree #1) and a 48” Blue Oak tree (tree #56) on the adjacent property. The County’s Tree Preservation and Protection Ordinance (County Code Chapter 816-6) is intended to provide for the protection of trees on private property through contingencies for tree alteration while allowing for reasonable enjoyment of private property rights and development. Reasonable development of the property requires work within the dripline of the site that is restricted based on a very small developable area outside of the scenic easement. Furthermore, an arborist report was prepared by Jarred Juarez We-13341A which determined that the “planned construction will have minimal impact, if any, on these trees.” Staff has recommended as a condition of approval the requirement of a tree security or bond to be submitted to the County for the replanting of up to five (5) indigenous species trees if the trees to be preserved are damaged during construction. Therefore, the proposed project is consistent with the County’s Tree Protection and Preservation Ordinance.

D.                     Minor Modification: The applicant requests a minor modification from COA #12.G.14 which prohibits any structure from being placed underneath an oak tree dripline beyond contour 747 or tree #54 located within the scenic easement on the subject property. As mentioned in the project description, grading, trenching, and construction of site improvements will occur beneath the driplines of three blue oak trees located within the scenic easement. This impact was evaluated by an arborist and was determined to be minimal. When the subdivision was approved in 1995, these trees were substantially smaller. Now that the trees have matured, the tree dripline has extended further out, encroaching into the relatively limited developable area of the lot located outside of the scenic easement. A modification to this condition of approval is required to allow for the site to be developed in accordance with the development pattern of the area.

E.                     Drainage: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on this property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm water to an adequate natural watercourse. The proposed drainage plan and project was reviewed by the Public Works Department and was determined to be compliant with Division 914.

F.                     Stormwater Management and Discharge Control Ordinance: A Stormwater Control Plan (SWCP) is required for applications that will create and/or redevelop impervious surface area exceeding 10,000 square feet in compliance with the County’s Stormwater Management and Discharge Control Ordinance and the County’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System Permit. A Stormwater Control Plan (SWCP) for a Small Land Development Project was submitted and reviewed by the Public Works Department. The applicant is proposing 9,286 SF of new impervious surface which is below the 10,000 SF threshold for one single family home that is not part of a larger plan of development. The development plan plans to use runoff reduction measures that include dispersing runoff into vegetated area (lawns/landscape space).

G.                     Appropriateness of Use: The project site is within an established residential neighborhood within a rural setting of Alamo. The proposed project is generally consistent with the conditions of approval of CDDP01-03061 and the design guidelines of the residential subdivision. The project will enhance a currently vacant lot with a new residence that is designed similarly to surrounding development. The residence will conform to the building envelope identified for Lot 7 and conforms to all setback and height requirements. Therefore, the use of Lot 7 for a custom-built home is consistent with the surrounding uses.

VIII.                     CONCLUSION

The proposed development is consistent with the Residential Very-Low Density (RVL) General Plan land use designation and complies with the intent and purpose of both the P-1 Planned Unit zoning district and the County Tree Protection and Preservation ordinance as discussed in the attached findings. Additionally, since the project is a residential use on a parcel designated for residential development, it is an appropriate use for the property. Therefore, staff recommends that the Zoning Administrator approve County File #CDDP24-03044 based on the attached conditions of approval.

Attachments:                     

A.                     Findings and Conditions of Approval

B.                     CDDP01-03061 Conditions of Approval

C.                     Approved Building Envelope

D.                     Maps - Parcel Maps, Aerial Map, Zoning Map, General Plan Map

E.                     Agency Comments

F.                     Project Plans