STAFF REPORT FOR COASTAL DEVELOPMENT CDP#8-2011 … · 2011-10-17 · STAFF REPORT FOR COASTAL...

STAFF REPORT FOR COASTAL DEVELOPMENT CDP#8-2011 (Oliver)

STANDARD PERMIT October 27, 2011

CPA-1

OWNER/APPLICANT: Greg Oliver PO Box 1695 Gualala, CA 95445 AGENT: Howard Curtis Po Box 675 Gualala, CA 95445 REQUEST: Construct an attached two-story 1,171 sq ft

garage with a max. height of 22 ft. First floor of garage would be ~595 sq. ft, the second floor would be a game room of ~575 sq. ft including a full-bath. Construct ~934 sq. ft elevated deck and semi-enclosed walkway to connect the proposed garage with existing two-story residence. Construct driveway and parking area, and fencing.

LOCATION: In the Coastal Zone, in the Town of Gualala, on

the west side of Highway One, approx. 200 ft west of its intersection with Ocean Dr (CR#523), at 39000 Ocean Drive (APN: 145-191-04).

APPEALABLE AREA: Yes- west of first public road PERMIT TYPE: Standard TOTAL ACREAGE: ~0.28 acres GENERAL PLAN: RR-5 [SR] ZONING: RR: L-5 [SR] EXISTING USES: SFR ADJACENT ZONING: North, East, South, West: RR: L-5 [SR] SURROUNDING LAND USES: North, East, South, West: Residential SUPERVISORIAL DISTRICT: 5 ENVIRONMENTAL DETERMINATION: Categorically exempt, Class 3 PROJECT DESCRIPTION: The applicant requests authorization to construct a two-story attached 1,171 sq. ft garage with a maximum height of 22 ft. The first floor of garage would be ~595 sq. ft, the second floor would be a game room of ~575 sq. ft including a full-bath. Also proposed is the construction of ~934 sq. ft elevated deck and semi-enclosed walkway to connect the proposed garage with existing two-story residence. Associated development includes installation of driveway, drainage infrastructure, fencing, and parking area.



CPA-2 LOCAL COASTAL PROGRAM CONSISTENCY RECOMMENDATION: The proposed project is consistent with the applicable goals and policies of the Local Coastal Program (LCP) as described below. Gualala Municipal Advisory Council At the regularly scheduled Gualala Municipal Advisory Council (GMAC) meeting, held on June 2, 2011, it was moved by Council Member Williams, seconded by Council Member Ivor, and unanimously carried that the project be approved as presented. Land Use The parcel is classified on the Coastal Plan Map as Rural Residential Five Acres Minimum with an alternate density of Suburban Residential (RR-5 [SR]). The parcel is similarly zoned; RR:L-5 [SR]. The SR designation was assigned because of the availability of sewer and water hook-ups available from Gualala Community Service District and North Gualala Water Company, respectively. The proposed attached garage and associated development are permitted accessory uses within the Suburban Residential Zoning District, and are consistent with the Suburban Residential land use classification. The proposed garage is considered attached to the existing single family residence as it shares a common wall and roof. As the proposed garage meets the definition of an attached structure, it is permitted to have a full bath on the second story and is considered a bedroom addition to the residence. Although not indicated in the application, just to be clear, this room addition is not intended to have a kitchen or be used as an accessory living unit. The required yard setbacks for a parcel in an SR zone are 20 feet from front and rear property lines, and 6 feet from side property lines. A corridor preservation setback of 25 feet applies along Ocean Drive, resulting in a front yard setback of either 45 feet from the road corridor centerline or 20 feet from the property line, whichever is greater. As shown on the Site Plan, the structures comply with setbacks required by the County Zoning Code. The site is not within a designated highly scenic area, therefore the height limit is 35 feet above average finish grade. The existing residence has an average height of approximately 22 feet above natural grade; the proposed garage would have an average maximum height of ~22 from natural grade. The proposed project complies with the height limit. Maximum lot coverage in an SR zone is 50%. Lot coverage is the percentage of the gross lot area covered by structures, including decks and porches. The lot is approximately 12,150 square feet, the site plan shows approximately 2,806 square feet of coverage, or 23%. The project complies with lot coverage limits. Public Access The project site is located west of Highway 1, but is not designated as a potential public access trail location on the LUP maps. There is no evidence of prescriptive access on the developed site. The project would have no effect on public access to the coast. Hazards The property is in an area that has a “moderate” fire hazard severity rating as determined by the



CPA-3 California Department of Forestry and Fire Prevention. Fire safety issues are addressed as part of the building permit process. The nearest fault zone is ~1.8 miles east of the subject parcel. There are no known faults, or landslides in close proximity to the proposed development.

Grading, Erosion and Runoff

The driveway and proposed parking area are proposed to be re-graded and approximately 70 cubic yards of cut and fill are proposed for the construction of the garage and driveway. Regarding grading standards Sec. 20.492.010 of the MCCZC states the following:

(A) Grading shall not significantly disrupt natural drainage patterns and shall not

significantly increase volumes of surface runoff unless adequate measures are taken to

provide for the increase in surface runoff.

(B) Development shall be planned to fit the topography, soils, geology, hydrology, and

other conditions existing on the site so that grading is kept to an absolute minimum.

(C) Essential grading shall complement the natural land forms. At the intersection of a

manufactured cut or fill slope and a natural slope, a gradual transition or rounding of

contours shall be provided.

(D) The cut face of earth excavations and fills shall not be steeper than the safe angle of

repose for materials encountered. Where consistent with the recommendations of a soils

engineer or engineering geologist, a variety of slope ratios shall be applied to any cut or

fill slope in excess of two hundred (200) feet in length or ten (10) feet in height. For

individually developed lots, a variety of slope ratios shall be applied to all cut or fill

slopes when a building pad area exceeds four thousand five hundred (4,500) square feet,

or when the total graded area of the lot exceeds nine thousand (9,000) square feet. The

steepest permissible slope ratio shall be two to one (2:1), corresponding to a fifty (50)

percent slope.

(E) The permanently exposed faces of earth cuts and fills shall be stabilized and

revegetated, or otherwise protected from erosion.

(F) Adjoining property shall be protected from excavation and filling operations and

potential soil erosion.

Regarding stormwater runoff, Section 20.492.025 of the MCCZC states in pertinent part:

(A) Water flows in excess of natural flows resulting from project development shall be

mitigated.

(C) The acceptability of alternative methods of storm water retention shall be based on

appropriate engineering studies. Control methods to regulate the rate of storm water

discharge that may be acceptable include retention of water on level surfaces, the use of



CPA-4 grass areas, underground storage, and oversized storm drains with restricted outlets or

energy dissipaters.

(D) Retention facilities and drainage structures shall, where possible, use natural

topography and natural vegetation. In other situations, planted trees and vegetation such

as shrubs and permanent ground cover shall be maintained by the owner.

(E) Provisions shall be made to infiltrate and/or safely conduct surface water to storm

drains or suitable watercourses and to prevent surface runoff from damaging faces of cut

and fill slopes. A grading and drainage control plan was submitted for review. The grading plan shows the area of proposed cut into the earth, these native soils are then proposed to be used to fill the area south and west of the proposed garage to level the driveway and building pad. The grading plan also includes notes for erosion and sediment control, however no details or specific best management practices are detailed on the plan. The drainage plan shows several catch basins that will connect by perforated drain pipes to two separate infiltration trenches at the southwest and southeast corners of the property. Approximately six large (ranging from 18”-72”) cypress trees are located near the driveway and would not be removed. Staff recommends that temporary construction fencing be placed around the tress at the drip line to ensure these trees are protected during construction activities. An existing log retention wall is illustrated on the site plan above the proposed garage and existing residence. The project agent has explained to staff that the owner consulted with a engineer on the stability and safety of this retaining wall, the wall was confirmed to be safe. Special Condition 1 is recommended to require the engineer’s report to be submitted with the building permit application, as well as tree protection and an erosion control plan that details a properly installed silt fence to be maintained along the property boundaries during construction activities. Filter rolls may be used to across the driveway. Visual Resources The project site is not located within a designated “highly scenic area,” subsequently it is not subject to the policies within the Coastal Element relating to visual resources except for the following policy which applies to all parcels within the Coastal Zone: Policy 3.5-1 of the Coastal Element states:

The scenic and visual qualities of Mendocino County coastal areas shall be considered and

protected as a resource of public importance. Permitted development shall be sited and

designed to protect views to and along the ocean and scenic coastal areas, to minimize the

alteration of natural land forms, to be visually compatible with the character of surrounding

areas and, where feasible, to restore and enhance visual quality in visually degraded areas.

New development in highly scenic areas designated by the County of Mendocino Coastal

Element shall be subordinate to the character of its setting.

The proposed garage would not be visible from Highway 1 or any park or recreation area. The proposed height would mimic the height of the existing residence of ~22 feet above natural grade. The existing residence and proposed garage are back dropped by a hill slope and are located on the north side of Ocean Drive, at this location the road travels east and west. Therefore the existing and proposed structures do not block oceans views from Ocean Drive. There is a small



CPA-5 view corridor to the ocean from Ocean Drive that is visible between existing residences west of the subject property. This neighborhood is largely built out, with numerous residences of different and contrasting colors. The proposed exterior materials and finishes for the garage were selected to match and blend with the existing residence (Table 1).

Table 1. Proposed exterior materials and colors.

Material Color

Siding T-111 (match existing SFR

siding) Cabot, gray moss

Trim 1”x4” cedar Cabot escrow

Chimney Metal Black

Roofing Comp shingles Charcoal

Window Frames Aluminum Bronze

Doors Fir Escrow

Fencing materials Cedar 1x8 Gray moss

Section 20.504.035 of the Coastal Zoning Code (Exterior Lighting Regulations) states:

(A) Essential criteria for the development of night lighting for any purpose shall take

into consideration the impact of light intrusion upon the sparsely developed region

of the highly scenic coastal zone.

(2) Where possible, all lights, whether installed for security, safety, or landscape design

purposes, shall be shielded or shall be positioned in a manner that will not shine light or

allow light glare to exceed the boundaries of the parcel on which it is placed.

(5) No lights shall be installed so that they distract motorists.

Exterior lighting is proposed as canister lights, the lights fixtures that have been submitted are shielded and downcast. These fixtures and locations comply with the MCCZC. Natural Resources

The project site is a developed lot with manicured lawn and landscape features. No known Environmentally Sensitive Habitat Areas are within 100 feet of the subject parcel. The proposed project will not impact natural resources. Archaeological/Cultural Resources The project site is largely developed and is not located in a area where resources are likely to be found. Standard Condition Number 8 is recommended, advising the applicant of the requirements of the County’s Archaeological Ordinance (Chapter 22.12 of the Mendocino County Code) in the event that archaeological or cultural materials are unearthed during site preparation or construction activities. Groundwater Resources The site is located within an area designated as a Critical Water Resources area (CWR) as shown in the 1982 Coastal Groundwater Study prepared by the Department of Water Resources. Water



CPA-6 is provided by North Gualala Water Company, while sewer services are provided by the Gualala Community Services District. North Gualala Water Company provided a “no comment” response to staff’s request for comments. The Gualala Community Services District responded that there is a sewer interceptor tank near the driveway and requires a traffic slab to be installed to retain access to this infrastructure. Special Condition 2 is recommended to reflect this requirement.

Transportation/Circulation The project proposes an encroachment onto Ocean Drive (CR# 523). Although a driveway currently exists to this residence, the driveway is proposed to be developed more formally than the gravel path currently provided. The application was referred to the Mendocino County Department of Transportation for comment. DoT found the plans acceptable and submitted a recommended condition of approval for encroachment improvements to be constructed within the County road right-of-way. The Department’s recommended condition is included as Special

Condition 3. No impacts to transportation/circulation are expected. Zoning Requirements The project complies with the zoning requirements for the Suburban Residential District set forth in 20.384, et.seq., and with all other zoning requirements of Division II of Title 20 of the Mendocino County Code. PROJECT FINDINGS AND CONDITIONS: Pursuant to the provisions of Chapter 20.532 and Chapter 20.536 of the Mendocino County Code, the Coastal Permit Administrator approves the proposed project, and adopts the following findings and conditions. FINDINGS:

1. The proposed development is in conformity with the certified Local Coastal Program; and

2. The proposed development will be provided with adequate utilities, access roads,

drainage and other necessary facilities; and 3. The proposed development is consistent with the purpose and intent of the

applicable zoning district, as well as all other provisions of Division II, and preserves the integrity of the zoning district; and

4. The proposed development, if constructed in compliance with the conditions of

approval, will not have any significant adverse impacts on the environment and is Categorically Exempt per Class C within the meaning of the California Environmental Quality Act; and

5. The proposed development will not have any adverse impacts on any known

archaeological or paleontological resource; and 6. Other public services, including but not limited to, solid waste and public

roadway capacity have been considered and are adequate to serve the proposed development.



CPA-7

7. The proposed development is in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act and Coastal Element of the General Plan.

STANDARD CONDITIONS:

1. This action shall become final on the 11th day following the decision unless an appeal is filed pursuant to Section 20.544.015 of the Mendocino County Code. The permit shall become effective after the ten working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. The permit shall expire and become null and void at the expiration of two years after the effective date except where construction and use of the property in reliance on such permit has been initiated prior to its expiration.

2. The use and occupancy of the premises shall be established and maintained in

conformance with the provisions of Division II of Title 20 of the Mendocino County Code.

3. The application, along with supplemental exhibits and related material, shall be

considered elements of this permit, and that compliance therewith is mandatory, unless an amendment has been approved by the Coastal Permit Administrator.

4. This permit shall be subject to the securing of all necessary permits for the

proposed development from County, State and Federal agencies having jurisdiction.

5. The applicant shall secure all required building permits for the proposed project

as required by the Building Inspection Division of the Department of Planning and Building Services.

6. This permit shall be subject to revocation or modification upon a finding of any

one or more of the following:

a. The permit was obtained or extended by fraud. b. One or more of the conditions upon which the permit was granted have

been violated. c. The use for which the permit was granted is conducted so as to be

detrimental to the public health, welfare or safety, or to be a nuisance. d. A final judgment of a court of competent jurisdiction has declared one or

more conditions to be void or ineffective, or has enjoined or otherwise prohibited the enforcement or operation of one or more such conditions.

7. This permit is issued without a legal determination having been made upon the

number, size or shape of parcels encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than



CPA-8 that which is legally required by this permit, this permit shall become null and void.

8. If any archaeological sites or artifacts are discovered during site excavation or

construction activities, the applicant shall cease and desist from all further excavation and disturbances within one hundred (100) feet of the discovery, and make notification of the discovery to the Director of the Department of Planning and Building Services. The Director will coordinate further actions for the protection of the archaeological resources in accordance with Section 22.12.090 of the Mendocino County Code.

SPECIAL CONDITIONS:

1. Prior to issuance of the building permit, the applicant shall submit the Laco Associates Report dated February 2011 on the stability of the existing log retention wall located on the hillside above the project site. The applicant shall also submit an erosion and sediment control plan with specific details on installation and maintenance of applicable Best Management Practices. Prior to construction activities, temporary construction fencing shall be installed around the drip line of the existing trees to remain adjacent to the project site, as noted on the site plan.

2. An approved traffic slab shall be installed in the driveway to allow access to the

sewer interceptor tank. Gualala Community Services District shall be contacted prior to installation to ensure the traffic slab meets the District’s standards.

3. Prior to construction activities, the applicant shall obtain an encroachment permit

from the Department. The applicant shall construct and maintain a standard private driveway approach onto Ocean Drive (CR 523), with a minimum width of twelve (12) feet, and length of fifteen (15) feet from the edge of the County road, to be paved with 2 inches of asphalt concrete over a minimum of 6 inches of aggregate base rock, per MENDOT STD. NO. A51C.

Staff Report Prepared By: ___________________________ _______________________________________ Date Abbey Stockwell Planner I Attachments: Exhibit A Location Map Exhibit B Zoning Map Exhibit C Fire Hazard Map Exhibit D Coastal Records Photo Exhibit E Site Plan Exhibit F Grading Plan Exhibit G Garage Elevations Exhibit H Garage Elevations Exhibit I Deck Elevations



CPA-9 Exhibit J First Floor Plan Exhibit K Second Floor Plan Appeal Period: Ten calendar days for the Mendocino County Board of Supervisors, followed by

ten working days for the California Coastal Commission following the Commission’s receipt of the Notice of Final Action from the County.

Appeal Fee: $945 (For an appeal to the Mendocino County Board of Supervisors.) SUMMARY OF REFERRAL AGENCY COMMENTS: Planning – Ukiah No comment Department of Transportation Encroachment permit is required. Environmental Health – Fort Bragg Applicable comments to come from NGWC and GCSD. Building Inspection – Fort Bragg Engineer report for existing log retaining wall. Assessor No response. Coastal Commission No response. Pt Arena City Hall No response. South Coast Fire District No response. Gualala Community Svc District Traffic slab for access to sewer interceptor tank N. Gualala Water Co No comment. GMAC Unanimous approval.



CPA-10

Exhibit A Location Map



CPA-11

Exhibit B Zoning Map



CPA-12

Exhibit C Fire Hazard Map



CPA-13

Exhibit D Coastal Records Project – October 2009



CPA-14

Exhibit E Not to scale Site Plan



CPA-15

Exhibit F Not to scale Grading Plan



CPA-16

Exhibit G Not to scale Elevations



CPA-17

Exhibit H Not to scale Elevations



CPA-18

Exhibit I Not to scale Deck Elevations



CPA-19

Exhibit J Not to Scale 1st Floor Plan



CPA-20

Exhibit K Not to scale 2nd Floor Plan

STAFF REPORT FOR COASTAL DEVELOPMENT CDP#8-2011 … · 2011-10-17 · STAFF REPORT FOR COASTAL...

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